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US Senate · Health AI3 min read

Senate draft bill would pay doctors to use AI and set safety rules

A draft Senate bill would set clearer review rules for medical AI and create a way to pay for AI services, so your doctor may use more of it.

By the Dashline deskSource: HIPAA Journal
Senate draft bill would pay doctors to use AI and set safety rules
Photo: Tdorante10, CC BY-SA 4.0

Senator Bill Cassidy, who chairs the Senate health committee, has put out a draft bill that would make it easier for health care providers to use artificial intelligence and get paid for it. It is called the PATIENT AI Act. It is a discussion draft, which means the Senate is asking for feedback before anything becomes law.

What the draft would do

The bill aims to create a more predictable and consistent way to review AI tools used in health care. It also seeks a path for reimbursement, meaning a way for providers to be paid when they adopt AI-based tools. The Food and Drug Administration would be told to build a rolling process for reviewing AI software.

  • The Health Secretary would create a framework to decide which AI services get coverage.
  • Payment methods would be developed for AI services.
  • That includes AI that delivers care on its own, without a person directing each step.

Safety, privacy and responsibility

The draft says AI in health care should come with transparency, patient safety, and compliance with data privacy and security laws. The Comptroller General would write a report on public proposals to make health care AI more transparent and easier to explain.

Liability is also on the list. The Department of Health and Human Services would hire a nonprofit to study who is responsible when AI causes problems in health care and to flag potential issues. The FDA would also handle post-market surveillance, which means watching products after they reach the market. It would look at applying medical device product liability laws to software-based devices as well.

Work inside the government

The health department would expand its own use of AI to run more efficiently and improve health outcomes. It would work with the National Institute of Standards and Technology to create training materials on the best uses of AI in health care. Its chief information officer would build datasets to support AI research. A separate health technology office would help expand certified health IT to cover some AI tools not regulated by the FDA.

What is not known yet

The draft does not say when, or whether, it will become law. The material does not say how much providers would be paid, which AI tools would qualify, or how the review process would work in detail. Cassidy said the goal is to expand access to AI tools by creating regulatory predictability while putting patient safety first.

What this means for patients

If a bill like this passes, your doctor may use more AI tools. It is reasonable to ask how AI is used in your care, who reviews its results, and how your health data is kept private.

The takeaway

Ask your doctor how AI is used in your care and how your data is protected, since a bill like this could make AI tools more common.

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