The Creation and Use of Trustworthy AI Tools in Health Care and Beyond: Laws and Enterprise Risk Management Techniques

Wednesday, September 20, 2023 - 05:00 AM


In connection with the Nashville Health Care Council's "Sessions" conference, Epstein Becker Green invites you to join us for an invitation-only roundtable discussion centered on artificial intelligence (AI), followed by a networking lunch reception. 

As AI becomes more prevalent in the health care delivery model, companies that create, use, or are considering creating or using AI tools face increasing legal, operational, and public relations risks. While AI algorithms (both static and generative) may yield positive results, they may also produce unintended, biased, or erroneous results. That is why companies operating in the health care industry that want to benefit from AI tools need to consider how to manage the risks that arise from these tools and apprised of state and federal laws being deliberated and enacted to address AI concerns. 

Examples from a growing list of problematic AI results include:

  • a monitoring tool for sepsis that performs less well for patients of certain races,
  • facial recognition software that struggles with different skin tones, 
  • a clinical decision support tool for evaluating kidney disease that gives doctors inconsistent advice based on the patient's race, and 
  • triage software that prioritizes one race over others.

Entities across the health care industry must act with urgency to understand the legal risks specific to the creation and use of AI tools and how to mitigate those risks so that they can effectively manage the growing enterprise of AI tools that will be present in their daily operations.

Panelists will discuss:

  • existing state laws that regulate AI tools in recruitment and what can be learned from those laws for the health care industry,
  • the Biden White House’s AI Bill of Rights,
  • the Senate’s SAFE Innovation legislative initiative,
  • other federal and state legal initiatives underway to regulate AI tools,
  • the NIST risk management framework, and
  • federal sentencing guidelines and creating a framework for managing AI enterprise risks.