Wade's Healthcare Privacy Advisor for June 5, 2024


June 5, 2024

The Innovation Cycle

AI will push us toward originality.

There are concerns that AI will replace human-performed creative jobs. In the legal field, do we need associate attorneys when AI can quickly research and draft motions without an hourly rate? What about musicians to compose movie scores when AI can generate creative music? Since AI can produce images, do we still need graphic designers?

The answer is nuanced. AI will automate low-creativity, repetitive tasks. However, this will allow truly talented creatives to grow and innovate.

AI will help average creatives produce competent works, getting them 80% there. But only expert humans can take it the final 20% to create truly outstanding works.

Much of the fear stems from confusing novelty and originality. Novelty is a form of creativity that combines existing works in unexpected ways, which AI excels at. But AI cannot create anything truly original. It can only build upon what has been created before.

By automating mundane creative work, AI frees humans to innovate. Let AI handle the ordinary, and let humans create the extraordinary.

This symbiotic relationship will continuously push us to create something new. As we innovate, our original works will be incorporated into AI's training data. What we created as original will become the building blocks for novel AI creations, requiring us to create more new things. The cycle continues, with originality leading to novelty.

Originality will flourish because of it.

~ Wade

Data Privacy

As Healthcare AI Advances, How Do we Balance the Benefits With Privacy Concerns?

Summary of article from HackerNoon, by Emmanuel Akin-Ademola:

AI advancements are transforming the healthcare industry, with companies like GE Healthcare and Siemens Healthineers developing technologies for accurate scans and automating routine tasks. However, these innovations raise significant concerns about data privacy and potential breaches. To address these issues, technical approaches such as anonymizing, encryption, and privacy-oriented algorithms can be adopted, alongside robust legal frameworks to protect individuals’ medical records. Additionally, patient education on privacy practices and ongoing research into data privacy and automation algorithms are crucial. While AI holds great promise for healthcare, ensuring best security practices, regulatory compliance, and continuous research is essential for a secure and effective implementation.

Artificial Intelligence

AI, Health Care, and the Realities of Being Human

Summary of article from Undark, by Arjun V.K. Sharma:

The “doorknob phenomenon” in medicine refers to patients revealing their most pressing concerns just as the doctor is about to leave. This article explores the tension between this deeply human aspect of healthcare and the rise of artificial intelligence (AI) in the medical field. While AI promises efficiency and precision, it may risk depersonalizing healthcare and overlook broader social determinants of health. The author emphasizes that despite the potential advantages of AI, the uniquely human connections between doctor and patient are irreplaceable. The future of healthcare should balance technological advancements with maintaining human empathy and understanding.

Chief AI Officers in Healthcare: Strategy, Tactics and Evangelism

Summary of article from HealthTech Magazine, by Nathan Eddy:

The rise of artificial intelligence (AI) in healthcare has led to organizations considering hiring a Chief AI Officer (CAIO) to spearhead their AI strategies. The role of a CAIO involves accelerating AI adoption while ensuring safety and innovation, managing investments, and addressing ethical and governance issues. They also need to understand the integration of AI with existing technologies like electronic health records. The role has evolved to include more attention to governance and risk management, especially in medical tech companies. CAIOs provide strategic advantage by guiding AI initiatives, ensuring alignment with strategic objectives, and fostering a culture of exploration and experimentation.

How AI Is Enhancing Health Care

Summary of article from Dallas Morning News, by James B. Milliken:

The University of Texas System is embracing the potential of artificial intelligence (AI) in healthcare, despite concerns about job losses and bias. The inaugural UT System AI Symposium in Health Care will bring together AI experts from eight institutions to discuss the responsible integration of AI into healthcare. AI is proving beneficial in various areas like administrative tasks, cancer detection, and treatment planning. The UT System is also integrating AI into degree programs across its seven medical schools, and is working with Microsoft and other academic centers to set standards for AI deployment in healthcare. State legislators are focusing on AI’s responsible deployment, with the Texas Senate prioritizing AI in its 2024 interim legislative charges.

Ethical Implications Surrounding Use of AI in Healthcare

Summary of article from BioSpectrum, by Arpita Goyal:

Algorithmic biases in AI systems, which could perpetuate historical inequalities and affect healthcare quality, need to be addressed through diversified training data and sophisticated algorithms. Ensuring clinical validity and transparency in AI deployment is essential for establishing trust and accountability, and human clinical judgment should not be supplanted by AI predictions. Balancing innovation and ethical accountability, with a focus on patient welfare and societal values, is crucial for fully leveraging the benefits of AI in healthcare.

Cybersecurity

Healthcare Ransomware Attacks Lead to Uptick in ED Visits at Nearby Hospitals

Summary of article from Health IT Security, by Jill McKeon:

A research letter in JAMA has revealed that ransomware attacks on hospitals not only disrupt the targeted facilities but also impact neighboring hospitals. The study, which analyzed emergency department (ED) visits and patient discharge data from 2014 to 2020, found a temporary decrease in ED visits and inpatient admissions at attacked hospitals and a temporary increase in ED visits at unaffected nearby hospitals. However, there were no significant changes in inpatient admissions at nearby hospitals. The research identified eight ransomware attacks that disrupted 15 hospitals, with ED visits and inpatient admissions decreasing by up to 16.62% in the second week after the attack. These findings underscore the broader implications of ransomware attacks on healthcare facilities and the importance of cybersecurity in patient care and safety.

Cybersecurity Policy – Developments to Watch

Summary of article from FiscalNote, by Nicole D’Angelo:

Cybercrime costs are projected to rise from $9.22 trillion in 2024 to $13.82 trillion by 2028, with new threats emerging due to advancements in technology, particularly AI. Governments are increasingly focusing on cybersecurity, with several key legislations proposed in 2024, including the Healthcare Cybersecurity Improvement Act and the Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA) in the US, and the EU AI Act, Network and Information Security 2 Directive (NIS2), and Digital Operation Resilience Act (DORA) in the EU. The rise of AI is also leading to new cybersecurity risks, with governments focusing on ensuring AI systems are secure and ethical. The concept of “Security by Design” is gaining traction, encouraging developers to integrate security measures into new products. The Cybersecurity and Infrastructure Security Association (CISA) is offering support to high-risk sectors, such as healthcare and education, to help them mitigate sophisticated cyberattacks.

Wade Emmert

Partner & Healthcare Practice Group Leader

Board Certified, Health Law // Certified Information Privacy Professional (CIPP/US) // Artificial Intelligence Governance Professional (AIGP) // Certified in Cybersecurity (ISC2 CC)

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Wade Emmert

Carrington, Coleman, Sloman & Blumenthal, LLP

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