AI Healthcare Regulation Is a Key Focus of Biden’s New Executive Order

1 Min Read Published November 9, 2023
Key Takeaways:

President Biden's Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (EO) includes a number of provisions related to healthcare. Specifically, the EO:

  • Directs the Department of Health and Human Services (HHS) to develop a safety program to address unsafe healthcare practices involving AI.

  • Establishes a process for HHS to take reports of improper practices and act to remedy harms related to the use of AI.

  • Accelerates AI research in healthcare through grants and the National AI Research Resource, which provides researchers access to important data.

  • Promotes the development and adoption of AI-powered tools and services that can improve the quality, access, and affordability of healthcare.

  • Supports the development of ethical and trustworthy AI in healthcare, including through the development of standards and best practices.

  • Protects patients' privacy and security in the use of AI in healthcare.

AI Healthcare Regulation Is a Key Focus of Biden’s New Executive Order

President Joe Biden signed an executive order on October 30th directing the Department of Health and Human Services (HHS) to develop guidelines and oversight for artificial intelligence systems used in healthcare. The sweeping policy is the first attempt to regulate AI in healthcare and aims to ensure the responsible development of AI that protects people's rights and privacy.

Read the fact sheet here. 

Promoting Workplace Equity and Data Security

The executive order promotes workplace equity and data security standards for AI. Healthcare organizations will need to comply with the new rules by reporting how they develop and use AI technology. Biden wants to make sure AI is applied fairly and does not reflect or amplify biases. The order also directs HHS to require organizations to have data security practices in place, including procedures to detect and mitigate bias.

“My Administration cannot — and will not — tolerate the use of AI to disadvantage those who are already too often denied equal opportunity and justice.  From hiring to housing to healthcare, we have seen what happens when AI use deepens discrimination and bias, rather than improving quality of life,” states Biden in the executive order.  

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Guidelines for AI Development and Use

HHS will be tasked with developing guidelines for how healthcare organizations should develop and use AI technology. 

The guidelines will address issues like,

  • Privacy

  • Data integrity

  • Algorithmic bias

Healthcare organizations will have to follow HHS guidelines on topics such as evaluating AI models for accuracy and fairness before deploying them. The guidelines aim to increase transparency around AI and help organizations deploy AI responsibly.

A First Attempt at Regulation

Biden's executive order is the first attempt by the federal government to regulate AI technology used in healthcare. The policy lays the groundwork for managing risks associated with AI like bias and lack of transparency. Biden's order is an important first step, but healthcare AI still remains largely unregulated.

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