A new study titled “Public Attitudes Toward Notification of Use of Artificial Intelligence in Health Care,” published in JAMA Network Open, reveals that the vast majority of Americans want to be notified when artificial intelligence (AI) is being used in their medical care, highlighting a growing demand for transparency that some states are beginning to address through legislation.

Key findings from the study include:

• Over 62% of participants strongly believed it was important to be notified about AI use in their healthcare
• Only 4.8% of adults felt notification wasn’t important
• Women expressed a stronger desire for notification than men
• Older adults (60+ years) showed the highest preference for being informed about AI use
• Significant differences were found across educational levels and racial/ethnic groups

The research, conducted from June to July 2023, surveyed over 2,000 U.S. adults through the National Opinion Research Center. Participants were shown videos about AI use in healthcare and asked about their notification preferences.

The study’s authors conclude that notification about AI use should be a priority for healthcare organizations and policymakers. They emphasize that the question isn’t whether to notify patients, but when and how to do so effectively.

Currently, as of December 2024, Louisiana has no law expressly regulating the AI use in the provision of healthcare. This is not true of all states, however. Colorado recently passed comprehensive legislation addressing this issue. The Colorado Consumer Protections for Artificial Intelligence Act (SB24-205), effective May 17, 2024, and some of the requirements for the use of high-risk AI systems include:

• Notify consumers when AI is being used to make significant decisions about their care
• Provide opportunities for consumers to correct incorrect personal data
• Allow appeals of adverse AI decisions through human review when feasible
• Implement risk management policies and conduct regular assessments
• Take reasonable care to protect consumers from algorithmic discrimination

For patients concerned about their rights, these developments underscore the importance of transparency in healthcare settings. While AI technology continues to advance in medicine, both research and emerging legislation suggest a clear public preference for being informed about its use in care decisions.

While Louisiana currently has no specific legislation related to the use of AI in during the provision of medical services, healthcare providers in the state must still adhere to established standards of care when using artificial intelligence tools. Under Louisiana law, physicians and healthcare providers have a duty to exercise the degree of skill and care ordinarily employed by members of their profession in good standing. This means they must appropriately validate, monitor, and oversee any AI systems they use in patient care, just as they would with any other medical tool or technology.

If a healthcare provider’s use of AI falls below the accepted standard of care and causes harm to a patient, they may be liable for medical malpractice regardless of the absence of specific AI regulations. This could include scenarios such as over-relying on AI systems without appropriate human oversight, failing to catch obvious AI errors, or using AI tools in ways that deviate from accepted medical practice. Patients who believe they have been harmed by negligent use of AI in their healthcare should consult with legal counsel to understand their rights under existing laws.