The Rise of AI in Healthcare: Balancing Innovation and Compliance

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[co-author: Mikayla Howard]

The popularity of Artificial Intelligence (AI), particularly OpenAI's ChatGPT, has rapidly increased since its release in November 2022. In healthcare, Generative AI (GAI) tools like ChatGPT can revolutionize workflows by summarizing patient histories, creating treatment plans, suggesting diagnoses, and managing administrative tasks.

However, integrating GAI in healthcare requires strict adherence to the Health Insurance Portability and Accountability Act (HIPAA). Covered Entities and Business Associates must ensure compliance to protect patient data. OpenAI’s policy update on March 1, 2023, allows for Business Associate Agreements (BAAs) between a provider and OpenAI, but providers must still exercise caution.

To mitigate risks, healthcare providers should:

  • Review GAI outputs by healthcare experts
  • Use secure, HIPAA-compliant platforms
  • Conduct regular risk assessments
  • Restrict GAI access to authorized, and trained personnel
  • De-identify data before use

Properly implemented, AI can enhance patient care, but maintaining privacy and data security is essential.

For a detailed exploration of AI's role in healthcare and HIPAA compliance, visit the full blog here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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