AHLA's Complexities of AI in Healthcare

As artificial intelligence (AI) is increasingly utilized by the health care industry, new challenges are emerging for advisors now considering the implications of a wide variety of applications. AHLA will be holding a one-day in-person program to explore the complexities of AI in health care.

On Friday, Adam Greene will join the panel, "Navigating Privacy Challenges When Using Health Data to Develop AI." This session will explore how to navigate HIPAA, the Confidentiality of Substance Use Disorder Patient Records Rule at 42 C.F.R. Part 2, state general privacy laws, new state consumer health data laws (like Washington's My Health My Data Act), and state laws governing specific conditions and treatments when seeking to use and disclose health data to develop AI. Topics will include:

• Whether the development of AI potentially constitutes "research" for purposes of HIPAA;
• The extent that business associates can use protected health information (PHI) to develop AI under typical business associate agreements;
• HIPAA's prohibition on the sale of PHI and its potential application to transactions between health care entities and technology companies to develop AI;
• Regulatory requirements on de-identified data that is sold or licensed for purposes of AI development; and
• Categories of health data that raise additional privacy concerns if included in data sets for AI development (such as behavioral health data).