Artificial Intelligence (AI) is widely viewed as a valuable tool for improving health and healthcare. It is being used by major technology companies such as Google, small start-up companies, and researchers to collect and analyze health data collected from a variety of sources. As stated by Abhimanyu S. Ahjula in this October 2019 article:
AI is poised to play an increasingly prominent role in medicine and healthcare because
of advances in computing power, learning algorithms, and the availability of large datasets (big data) sourced from medical records and wearable health monitors.
However, if the health data involved is subject to HIPAA, extra precautions are required. Fox Rothschild LLP associate Kristina Neff Burland and I examined the interplay between HIPAA and the use of AI in this article published on January 21, 2021 by OneTrust DataGuidance. Key take-aways described in the article include:
- Determine whether HIPAA may apply — consumer-generated and submitted data may provide an out
- De-identifying protected health information (PHI)? Proceed with caution
- Have a business associate agreement in place before transferring PHI to a third party
- Make sure processing PHI for purposes of AI is a permissible “use” under HIPAA