Manatt Litigation Partner Harvey Rochman was quoted in Health Plan Weekly on how health insurers may need to reassess their use of artificial intelligence (AI) and other patient care decision support tools following the release of a new final rule aimed at helping prevent discrimination for care and coverage decision processes.
According to the article, the new rule is likely not a surprise to health insurers given the recent attention surrounding their use of AI, but Rochman predicted that they will need to carefully examine their utilization of any automated tools. The new rule seeks to prevent discrimination derived from any false conclusions an automated tool may arrive at. The wide range of tools subjected to the new rule can include anything “from flowcharts to advanced AI technologies,” Rochman noted. While health care organizations are likely to comply with the U.S. Department of Health and Human Services’ suggestions for the use of these tools, they should be wary of using any category with a protected classification as a decision factor, he cautioned.
Read the full Health Plan Weekly article here.