The use of AI in healthcare covers many areas—from helping with diagnosis to automating administrative tasks. Because AI is used more often, rules are made to keep AI systems safe and fair. These rules protect both patients and healthcare workers.
Most detailed rulemaking happens in the European Union, with laws like the European Artificial Intelligence Act (AI Act) and the European Health Data Space (EHDS). These laws also influence how AI is handled worldwide. In the U.S., laws such as the FDA’s oversight of medical devices using AI and privacy rules like HIPAA guide how AI is managed here.
Regulators focus on several key points as AI use grows in healthcare:
These goals help make sure AI brings medical benefits while keeping patient trust and protecting healthcare providers from legal problems.
One big part of the rules deals with “high-risk” AI tools. In healthcare, these tools might be for diagnosing illness, suggesting treatments, or analyzing important patient data. Medical administrators and IT managers need to know that these AI systems must meet strict safety and transparency rules.
In Europe, the AI Act started in August 2024. It says developers must explain how their AI works and include ways for humans to check the AI. Although this law is not in the U.S., it shapes how companies build AI everywhere, including America. Many AI makers follow these rules to sell their products worldwide.
The FDA in the U.S. has rules for approving AI medical devices. They focus on testing the software and watching how it works after it’s sold. AI tools that help clinical decisions must follow these rules to be used legally and safely.
A major worry for healthcare leaders is who is responsible if AI causes harm. In Europe, new laws say companies making AI can be held liable even without proof of negligence. The U.S. does not have the same clear law yet, but talks are ongoing about applying product liability or malpractice rules to AI errors.
Healthcare leaders should know that new rules will expect them to:
Insurance companies are changing their policies to cover AI risks. IT managers must conduct thorough testing, audits, and keep watching AI tools to manage liability risks properly.
Regulations also deal with ethics and bias in AI, sometimes through guidelines. AI systems can show bias if their training data or design is flawed. Bias can lead to unfair recommendations and affect patient safety and trust.
Healthcare leaders should know about three main bias sources in AI:
Bias lowers the fairness and accuracy of AI decisions. So, ongoing checks and updates of AI models are needed. Rules promote openness about how AI is made and tested. This helps healthcare providers choose AI tools wisely.
Trust is key for AI in healthcare. Protecting patient data is a big part of building that trust. AI needs large amounts of clinical data to work well. In the U.S., HIPAA protects this data and controls how it can be shared or used.
IT managers must make sure AI tools follow HIPAA and other laws. This means encrypting data, controlling who can see it, and keeping audit records. Using anonymous or de-identified data helps protect privacy while supporting AI work.
The EU’s EHDS is an example of how health data can be used safely for new AI tools. Following similar steps in the U.S., like getting patient consent and improving data sharing between systems, will be important as AI grows.
AI helps with more than just medical decisions. It also makes administrative tasks faster and easier, letting staff spend more time with patients.
Some ways AI helps improve workflow include:
Using AI in these areas helps healthcare groups run better and save money. This is especially helpful for smaller practices with limited staff and budgets.
Even with benefits and rules, using AI in U.S. healthcare is not simple. Medical leaders and IT managers face several challenges:
To handle these problems, healthcare leaders can:
Government and industry groups help guide how AI is used in healthcare. The FDA has created a Digital Health Innovation Action Plan and rules for AI and machine learning medical devices. These help clarify how new AI tools can be safely introduced and monitored after release.
Organizations like the American Medical Association (AMA) and Health Information Management Systems Society (HIMSS) offer guidance on ethical AI use and standards for deployment. Cooperation between government, professional groups, and private companies helps make clear policies that balance safety, innovation, and patient care.
Ongoing laws at federal and state levels focus on protecting providers from liability, expanding data privacy, and defining how digital health services get paid for. These efforts will affect how widely AI is used in U.S. healthcare.
Using AI safely and responsibly in U.S. medical settings depends a lot on new and changing regulations. AI tools have to meet strict rules for managing risk, being transparent, reducing bias, protecting data, and being accountable. Medical leaders and IT managers should understand these legal and ethical rules to keep patients safe and care effective.
When carefully managed, AI can help healthcare reduce costs, improve diagnosis, personalize treatment, and automate tasks without sacrificing safety or fairness.
AI improves healthcare by enhancing resource allocation, reducing costs, automating administrative tasks, improving diagnostic accuracy, enabling personalized treatments, and accelerating drug development, leading to more effective, accessible, and economically sustainable care.
AI automates and streamlines medical scribing by accurately transcribing physician-patient interactions, reducing documentation time, minimizing errors, and allowing healthcare providers to focus more on patient care and clinical decision-making.
Challenges include securing high-quality health data, legal and regulatory barriers, technical integration with clinical workflows, ensuring safety and trustworthiness, sustainable financing, overcoming organizational resistance, and managing ethical and social concerns.
The AI Act establishes requirements for high-risk AI systems in medicine, such as risk mitigation, data quality, transparency, and human oversight, aiming to ensure safe, trustworthy, and responsible AI development and deployment across the EU.
EHDS enables secure secondary use of electronic health data for research and AI algorithm training, fostering innovation while ensuring data protection, fairness, patient control, and equitable AI applications in healthcare across the EU.
The Directive classifies software including AI as a product, applying no-fault liability on manufacturers and ensuring victims can claim compensation for harm caused by defective AI products, enhancing patient safety and legal clarity.
Examples include early detection of sepsis in ICU using predictive algorithms, AI-powered breast cancer detection in mammography surpassing human accuracy, and AI optimizing patient scheduling and workflow automation.
Initiatives like AICare@EU focus on overcoming barriers to AI deployment, alongside funding calls (EU4Health), the SHAIPED project for AI model validation using EHDS data, and international cooperation with WHO, OECD, G7, and G20 for policy alignment.
AI accelerates drug discovery by identifying targets, optimizes drug design and dosing, assists clinical trials through patient stratification and simulations, enhances manufacturing quality control, and streamlines regulatory submissions and safety monitoring.
Trust is essential for acceptance and adoption of AI; it is fostered through transparent AI systems, clear regulations (AI Act), data protection measures (GDPR, EHDS), robust safety testing, human oversight, and effective legal frameworks protecting patients and providers.