Lexology June 26, 2023
Using PHI to advance AI development could vastly improve health care and reduce costs – but is it HIPAA-sanctioned “research”?
Continued advancement in artificial intelligence offers great promise to improve health care. But AI feeds on tremendous amounts of data, and using protected health information (PHI) to develop or improve AI often involves navigating the HIPAA Privacy Rule. This has led to a regulatory question of paramount importance: is the development and improvement of AI considered “research” for purposes of using PHI under HIPAA?
The HIPAA Privacy Rule does not allow covered entities or business associates to use or disclose PHI unless there is a specific permission or requirement in the Privacy Rule. AI may be employed as part of...
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