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Top Health Considerations in the European Commission’s ‘Harmonised Rules on Artificial Intelligence’

By Rachele Hendricks-Sturrup

On April 21, 2021, the European Commission released a “first-ever” legal framework on artificial intelligence (AI) in an attempt to address societal risks associated with AI implementation.

The EU has now effectively set a global stage for AI regulation, being the first nation of member states to create a legal framework with specific intent to address or mitigate potentially harmful effects of broad AI implementation.

Within the proposed framework, the Commission touched on a variety of considerations and  “high-risk” AI system scenarios. The Commission defined high-risk AI systems as those that pose significant (material or immaterial) risks to the health and safety or fundamental rights of persons.

This post outlines four key considerations in the proposal with regard to health: 1) prioritizing emergency health care; 2) law enforcement profiling as a social determinant of health; 3) immigrant health risk screening; and 4) AI regulatory sandboxes and a health data space to support AI product commercialization and public health innovation.

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empty hospital bed

Regulatory Gap in Health Tech: Resource Allocation Algorithms

By Jenna Becker

Hospitals use artificial intelligence and machine learning (AI/ML) not only in clinical decision-making, but also to allocate scarce resources.

These resource allocation algorithms have received less regulatory attention than clinical decision-making algorithms, but nevertheless pose similar concerns, particularly with respect to their potential for bias.

Without regulatory oversight, the risks associated with resource allocation algorithms are significant. Health systems must take particular care when implementing these solutions.

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