With the use of artificial intelligence on the rise across healthcare, lawmakers in three states are proposing steps to regulate the technology:
Note: In each state, the proposed bills have been pushed to the next respective legislative session.
Massachusetts
Massachusetts put forth a bill titled "An Act regulating the use of artificial intelligence in providing mental health services" in 2023 and folded it into a study order in June 2024.
The act would require that any licensed mental health professional who wants to use AI to provide mental health services must seek approval from the relevant licensing board. Providers must disclose their AI use to their patients and provide informed consent, as well as provide them with the option to opt out of AI treatment. The bill also states that the AI used in mental health practices must be designed to "prioritize patient safety and well-being."
Illinois
The Illinois Safe Patients Limit Act was first introduced in 2023 and reintroduced in January 2024. The primary focus of the act would be to place restrictions on the "safe" number of patients that can be assigned to a registered nurse in certain situations, but also place restrictions on the use of AI.
ASCs and other healthcare facilities also would be prohibited from adopting policies that substitute the judgments of nurses with decisions made by algorithms, AI or machine learning.
Georgia
Georgia seeks to amend part of the state's code to add restrictions on the use of AI-driven decision-making for insurance coverage and healthcare. The proposed bill also states that decisions made using these tools should be reviewed by someone with the authority to override them.