AI in Healthcare (Part 1): Legal Risk, Compliance Oversight, and Provider Liability

Episode Summary:
In this episode of Gosfield and Shay on Health Law, healthcare attorney Daniel Shay explores the legal risks and responsibilities physicians and healthcare practices face when using artificial intelligence (AI). From clinical documentation to billing and coding, Daniel explains how AI tools can both improve efficiency and create potential liabilities, including medical malpractice and False Claims Act violations. She shares best practices for staying compliant, reviewing software contracts, and maintaining oversight to protect both patients and practices.

Key Timestamps Summary:
00:00 – Overview of AI adoption in healthcare practices.
01:00 – How AI is used in electronic health records, charting, billing, and post-discharge instructions.
02:30 – Medical malpractice and False Claims Act concerns.
04:30 – Why physicians cannot rely solely on software vendors for legal responsibility.
05:00 – How incorrect AI-generated data can impact patient care and billing compliance.
06:30 – Ensuring clinician oversight and experienced coders validate AI output.
08:00 – Key considerations for disclaimers, waivers, and indemnification clauses.
10:00 – Why doctors need to remain actively involved in AI usage and monitoring.
12:00 – HIPAA, fraud and abuse compliance, and emerging AI regulations in healthcare.
13:30 – Practical steps for practices integrating AI tools and staying legally compliant.

About the Show:
Gosfield and Shay on Health Law offers guidance on healthcare law, compliance, and emerging legal challenges in medical practices. Attorney Daniel Shay shares insights on regulations, HIPAA, billing fraud, and innovations such as AI, helping healthcare providers navigate complex legal landscapes with confidence.

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