The U.S. Department of Health and Human Services (HHS) has published its Plan for Promoting Responsible Use of Artificial Intelligence in Automated and Algorithmic Systems by State, Local, Tribal, and Territorial Governments in the Administration of Public Benefits (AI Plan for State and Local Governments). It shows the agency’s current thinking on managing risk from AI use and explains how HHS allocates various AI use cases into risk categories and recommends steps that can be taken to mitigate potential harm from their use.

In this Reed Smith Client Alert, we highlight how private organizations can use the AI Plan for State and Local Governments as a source of guidance on what the regulator considers responsible implementation of AI. Organizations that deferred the creation or full implementation of an AI governance program until they received clear requirements or expectations issued by HHS may now have what they need.

Reed Smith will continue to track developments in the regulation of AI in health care. If you have any questions about the contents of this client alert or about the use of AI in your business, do not hesitate to reach out to the attorneys at Reed Smith, LLP.