The health care industry, like most industries, is exploring how to reap the benefits of increasingly powerful artificial intelligence-based technologies while managing the risks they pose. Federal and state policymakers are figuring out if and how these uses should be regulated to ensure that the technology is safe, secure, accurate and bias-free. To date, most state legislative activity has focused on studying artificial intelligence use to assess how it should be regulated. Georgia is one of the first states to introduce a bill addressing artificial intelligence used by the health care industry, specifically regarding health care providers' use of artificial intelligence.

On January 9th, Georgia introduced House Bill 887, which outlines restrictions on the use of artificial intelligence in insurance coverage, health care and public assistance. The bill amends Georgia’s Composite Medical Board requirements by prohibiting health care activities from being based “solely on results derived from the use or application of artificial intelligence or utilizing decision tools.” The bill requires that AI-generated health care decisions be reviewed by an individual with “authority to override” the tools’ existing decision, and also requires the Medical Board to establish policies—including, but not limited to, disciplining physicians. Put simply, the bill prohibits physicians from relying solely on the output of the artificial intelligence to make clinical decisions. The bill proposes a similar approach regarding AI and automated decision-making tools in insurance coverage and public assistance.

This bill is noteworthy for both its explicit reference to health care activity and its broad definition of health care, which states: “’health care’ means any care, treatment, service or procedure to maintain, diagnose, treat or provide for an individuals’ physical or mental health or personal care.”

We will watch the trajectory of this bill closely and track if other states follow suit.