Utah has become a frontrunner in regulating artificial intelligence (AI) with the enactment of Senate Bill 149 (SB 149) on March 13, 2024, also known as the Artificial Intelligence Policy Act (AI Policy Act). This groundbreaking state-level legislation establishes a framework for AI use across various industries, with significant implications for healthcare stakeholders. Let's delve into how SB 149 impacts healthcare and how ALIGNMT AI can help you ensure AI compliance.
Key Provisions of Utah Senate Bill 149 for Healthcare
Utah's new AI Policy Act, focuses on a specific type of AI called generative AI. This law makes generative AI subject to the same rules as traditional marketing and advertising, enforced by the Utah Division of Consumer Protection. Companies can't claim "it was the machine's fault" if their generative AI violates these rules. However, the law doesn't apply to other types of AI that work "behind the scenes," for example, AI that decides who qualifies for a service or analyzes data from other sources.
The AI Policy Act introduces several key requirements for healthcare providers and organizations using AI:
Transparency: The law mandates disclosing AI use in "regulated occupations," which includes healthcare professions like nurses, physicians, pharmacists. This means hospitals and clinics using AI-powered tools for diagnostics, treatment recommendations, or patient interaction must be transparent with patients about their interaction with AI.
Consumer Protection: SB 149 holds entities liable if their AI usage violates consumer protection laws. This translates to ensuring patient data privacy and security when using AI in healthcare settings.
Focus on High-Risk AI: The AI Policy Act establishes a regulatory AI analysis program to assess the potential risks of specific AI applications in healthcare. High-risk applications might require additional safeguards.
Navigating the New Landscape
Utah's Artificial Intelligence Policy Act (AI Policy Act) has a clear distinction when it comes to disclosing AI use to consumers.
Most Businesses: Companies using AI (called generative AI in the law) need to tell you they're using a machine instead of a human only if you ask them. This applies to most businesses you interact with, like banks, retailers, or customer service chatbots.
Regulated Professions: If you're dealing with someone who needs a license or certificate to do their job (like doctors, nurses, social workers, or even barbers!), they must tell you upfront if they're using AI to interact with you. This disclosure needs to happen before any conversation (written or spoken) starts. In addition, the disclosure cannot reside in the entity's terms of use or privacy notice.
The law aims to balance transparency with practicality. For most businesses, occasional interactions with AI might not require upfront warnings. However, in healthcare and other licensed professions, where AI could significantly impact your experience, transparency is crucial from the beginning.
Implementation Timeline
The law (i.e., Utah's SB 149) went into effect on May 1 2024. Failure to comply with the AI Policy Act's transparency requirements can result in penalties. While the law doesn't specify a specific fine amount, violations are enforced by the Utah Division of Consumer Protection. This means potential consequences could include:
Fines: The Division can impose fines of up to $2,500 for each violation. The attorney's general office may also seek $5,000 in civil penalties for each violation of a prior administrative or court order
Reputational Damage: Non-compliance could lead to negative publicity and erode patient trust.
Legal Action: Patients who are misled about AI interactions could potentially take legal action against healthcare providers.
How ALIGNMT AI Empowers Compliance
ALIGNMT AI is a comprehensive solution designed to help healthcare organizations navigate the complexities of AI implementation and ensure compliance with Utah's AI Policy Act. Here's how we can be your partner:
AI Communication Tools: We provide tools to communicate AI implementation choices, allowing for clear explanations to patients who interact with AI.
Bias Detection: Our solutions can identify and mitigate potential biases in AI algorithms used for patient care.
Compliance Framework Development: We help build frameworks that ensure your AI use adheres to Utah's AI Policy Act's transparency and consumer protection requirements.
The Future of AI in Healthcare
Utah's AI Policy Act is a sign of things to come. With ALIGNMT AI as your partner, you can stay ahead of the curve, ensure responsible AI implementation, and deliver the best possible care to your patients.
Stay Informed: This blog post provides a starting point. We recommend consulting with legal counsel to fully understand the nuances of the AI Policy Act.