This overview is excerpted from Manatt on Health, Manatt’s subscription service that provides in-depth insights and analysis focused on the legal, policy and market developments. For more information on how to subscribe and to activate a complimentary one week trial to Manatt on Health, please reach out to Barret Jefferds.
On December 17, the House Bipartisan Task Force on AI delivered its report to Speaker Mike Johnson (R-LA) and House Minority Leader Hakeem Jeffries (D-NY). The Task Force, created earlier this year, is led by Chairman Jay Obernolte (R-CA) and Co-Chair Ted Lieu (D-CA), with 12 Republicans and 12 Democrats participating. The report was informed by multiple hearings, roundtables, and engagement with experts in various industries to “investigate dozens of issues at the heart of how AI intersects with numerous policy areas.”
The report’s findings about health care were that AI’s use in health care can potentially reduce administrative burdens and accelerate drug development and clinical diagnosis and that the lack of ubiquitous, uniform standards for medical data and algorithms impedes system interoperability and data sharing.
The report examines how AI has the potential to improve health care by speeding up and lowering the cost of drug development (which could lower drug costs as well), reducing physician burnout by providing administrative support, improving providers’ ability to diagnose patients more quickly, improving and accelerating biomedical research, enhancing population health management strategies, and innovating medical device and software products. However, the adoption of AI, with all the potential benefits listed in the report, also presents risks that must be considered in future AI policymaking. These include risks cited by other lawmakers and regulators, such as the potential for bias and discrimination and risks to privacy and cyber security of patient information. The report highlights the open questions pertaining to who is liable when an AI tool makes the wrong prediction or recommendation and recommends that Congress should examine liability laws to ensure patients are protected. The report also cites to concerns regarding the use of AI by health plans—including, but not limited to MA plans—to make coverage determinations.
The report also notes that “[q]uestions linger regarding whether current Medicare [reimbursement and coverage] policies will suit all appropriate AI technologies in healthcare. As more evidence is developed regarding applying certain tools in healthcare settings, particularly among Medicare populations, further evaluation of current CMS payment systems will be necessary.”
For more information on how to subscribe and to activate a complimentary one week trial to Manatt on Health, please reach out to Barret Jefferds.