Ep. 99 - AI & Patients - Dentons On Call

In the final episode of this three-part series on artificial intelligence, we shift our focus to patients. In particular, what and how to communicate with your patients regarding the organization’s use of artificial intelligence.

Earlier in the series, we discussed two foundational pieces. First, organizations must address employee use of AI tools in the workplace. Any technology used in the course of job duties should be approved by the organization, carefully vetted, and monitored over time.

Second, we explored the role of vendors and contractors. Healthcare organizations should implement a process to evaluate technology products and agreements, ensuring they meet minimum standards before being adopted and continuing to monitor their use.

Only after those steps are in place can providers effectively evaluate what needs to happen from the patient perspective.

Before determining whether patients should be notified about AI or asked for consent, organizations must understand exactly what technology is being used, how it functions, and how it is deployed in patient care. Without that knowledge, it’s nearly impossible to provide meaningful information or assess legal obligations.

A practical next step is to consult legal counsel. By sharing information about the AI tool – what it does, how it works, and how your organization plans to use it – counsel can help determine whether any laws require patient notification or consent. They can also help you evaluate whether notice or consent may be advisable even if not legally required.

It’s also important to think through logistics before implementing a notice or consent. What happens if a patient refuses? Can the technology be turned off for that individual or not used in the provision of services to them, or is it integral to the service? These questions should be addressed in advance.

Finally, providers should be prepared for patient questions. Designating knowledgeable staff, developing FAQs, and using accurate vendor-provided materials can help ensure clear and consistent communication.

By putting these processes in place—employee oversight, vendor vetting, and patient transparency—organizations will be better prepared to manage AI risks and adapt as requirements and best practices inevitably evolve.