Colorado Legislates AI Use in Healthcare and Insurance
Two Colorado bills are advancing through the state legislature to address the use of Artificial Intelligence (AI) in healthcare, focusing on mental health and insurance. These legislative measures aim to regulate AI applications, setting important precedents for oversight within these critical sectors.
Regulating AI in Mental Health
House Bill 1195 establishes guidelines for the use of AI by licensed mental health professionals in psychotherapy. The bill restricts psychologists, counselors, and social workers from using AI chatbots for direct client communication. Furthermore, AI cannot be used to formulate treatment plans or therapeutic suggestions without a regulated professional’s approval and review. Representative Gretchen Rydin, a primary bill sponsor and practicing therapist, emphasized preserving human interaction as a primary focus of this legislation.
AI's role is confined to administrative tasks, like scheduling or note-taking, subject to client consent if AI records sessions. Marketing AI tools as psychotherapy is prohibited unless provided by licensed professionals. This bill received unanimous support from the committee, indicating strong backing for its provisions.
AI in Health Insurance Operations
House Bill 1139 tackles AI in health insurance, preventing insurers from solely using AI to deny coverage. It mandates consideration of individual medical histories and requires human review for coverage decisions. Blair Skinner, president of the Mental Health Advocacy Network of Colorado, stressed the importance of clinician involvement to avoid wrongful denial of essential treatments.
This bill further demands transparency about AI use in patient care and prohibits AI chatbots from impersonating licensed clinicians. Democratic Representative Junie Josephs clarified that while the bill supports AI's role in healthcare, it insists on transparency and accuracy in AI representation.
The bill's advance along party lines attracted interest from stakeholders, including the Colorado Technology Association, which supports the safeguards but emphasizes practical implementation to avoid impeding beneficial AI uses. The association expressed possible support for the bills with specific amendments.
As Colorado moves forward, there will be significant discussions on the upcoming AI anti-discrimination law aimed at ensuring transparency and preventing bias in AI applications across various entities. With implementation concerns raised by the business community, Governor Jared Polis has initiated a task force to explore potential revisions as this pioneering law prepares to take effect in June.