The U.S. Department of Health and Human Services (HHS) has recently enhanced civil rights protections within healthcare, focusing particularly on Artificial Intelligence (AI) and telehealth through the finalization of a new rule under Section 1557 of the Affordable Care Act (ACA). This rule ensures that all healthcare services, especially those using emerging technologies like AI and telehealth, are accessible and non-discriminatory.
Understanding these updates is crucial for you as a healthcare or medical billing provider. They directly impact how you implement AI and telehealth services, ensuring they are accessible and equitable for all your patients, regardless of their background or needs.
Expanding Accessibility and Equity in Healthcare
Streamlined Protections Across Telehealth
The rule mandates comprehensive nondiscrimination in all health programs and activities, which now explicitly includes those delivered through digital platforms like telehealth.
Telehealth has experienced a significant surge in usage, particularly highlighted during the COVID-19 pandemic when traditional in-person visits were not always possible. Statistics show a 63-fold increase in Medicare fee-for-service beneficiary telehealth visits in 2020 compared to the previous year. Furthermore, more than 20% of adult patients had a telehealth visit in July 2022, underscoring the growing reliance on this technology across diverse demographic groups.
However, the rapid adoption of telehealth has also exposed and sometimes exacerbated disparities in access to these services. It’s been noted that individuals in metropolitan areas and those with higher incomes are more likely to have access to telehealth services than those in rural areas or with lower incomes. This highlights the importance of the OCR’s new rule, which aims to ensure that all individuals have equitable access to telehealth services regardless of their socio-economic status or geographical location.
The ACA expansion ensures that services are accessible to those with disabilities and individuals with limited English proficiency, promoting inclusivity across all healthcare interactions.
Inclusive Health Technology
The final rule addresses the increasing use of AI in healthcare, stipulating that these technologies must not discriminate based on race, color, national origin, sex, age, or disability. AI tools used in patient care must be designed and monitored to prevent biases, ensuring that AI-supported decisions are fair and equitable.
Regulatory Enhancements in AI
President Biden’s recent Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence further supports these initiatives. This order emphasizes the need for AI systems to be safe, secure, and trustworthy, with explicit guidelines and standards being developed for AI’s application in sensitive areas, including healthcare. Agencies like the National Institute of Standards and Technology (NIST) are at the forefront of creating these standards, focusing on minimizing risks and enhancing security in AI deployments.
Implications for Healthcare Providers and Insurers
Healthcare entities must now ensure that their use of telehealth and AI complies with these enhanced nondiscrimination rules. These regulations include conducting regular reviews of AI tools to prevent biased outcomes and making telehealth services accessible to all patients, regardless of their physical abilities or language proficiency.
The Future of Fair Healthcare
The updates to Section 1557 and the new executive order represent significant steps towards a healthcare system that is not only technologically advanced but also robust in protecting civil rights. As AI becomes more embedded in healthcare, these regulations ensure that technological advancements benefit all segments of society equally and fairly.
Partner with 4D Global for Compliance and Innovation
Navigating the complexities of these new regulations can be challenging. 4D Global offers expert services to help healthcare providers and insurers comply with these new rules and leverage technology to enhance operational efficiency and patient care. With 4D Global’s assistance, you can ensure that your use of AI and telehealth is both innovative and compliant, providing safe and equitable healthcare solutions.
Contact 4D Global today for detailed insights on integrating these updates into your practice. Partner with a leader in healthcare compliance and innovation to confidently embrace the future of healthcare.