Plain English Breakdown
The official text states the effective date is not yet determined in the provided metadata, though it has passed the legislature.
Health Care Services and Artificial Intelligence Rules
This law treats businesses offering health care chatbots as medical providers under privacy laws, requires disclaimers for AI-generated patient messages, and bans making clinical decisions based solely on AI without human review.
What This Bill Does
- Treats businesses that offer a health care chatbot to consumers for managing information or treating conditions as health care providers subject to the Confidentiality of Medical Information Act (CMIA).
- Requires written or verbal patient communications generated by generative artificial intelligence to include a disclaimer stating they were created by AI.
- Mandates that AI-generated patient communications provide clear instructions on how patients can contact a human provider, employee, or appropriate person.
- Prohibits health facilities and clinics from making clinical decisions based solely on the output of a clinical decision support system without taking reasonable steps to prevent this.
- Ensures licensed health care professionals retain the ability to exercise independent professional judgment when reviewing patient care informed by AI systems.
Who It Names or Affects
- Businesses that offer health care chatbots for managing information or treating medical conditions.
- Health facilities, clinics, physician offices, and group practice offices using generative artificial intelligence or clinical decision support systems.
- Licensed health care professionals who review clinical decisions supported by AI systems.
Terms To Know
- Confidentiality of Medical Information Act (CMIA)
- A law that stops providers from sharing, selling, or using medical information for purposes other than patient care unless allowed by exceptions.
- Generative artificial intelligence
- Computer systems used to create written or verbal content based on patterns in data.
- Clinical decision support system
- A tool that provides output used by health care providers when making decisions about patient diagnosis and treatment.
Limits and Unknowns
- The rules do not apply to automated systems used only for documentation or sending routine updates, such as messages informing patients of record changes.
- The bill states no state reimbursement is required for costs created by these new requirements but does not explain the specific reason.