Question of the Week

QUESTION:
What is the latest information on the Joint Commission’s initiative for AI use in healthcare?

ANSWER FROM HORTYSPRINGER ATTORNEY MOISES A. TONOC BONILLA:
Following the release of initial guidance to help U.S. health systems implement AI, The Joint Commission recently launched its new Responsible Use of AI in Healthcare (“RUAIH”) certification. The RUAIH certification program is a voluntary program designed to recognize organizations that demonstrate they have the governance, safeguards, monitoring processes, and education in place to use AI responsibly in healthcare settings.

The certification does not validate or certify any specific AI product or tools. Nevertheless, the certification focuses on “the safe, reliable, transparent and ethical use of AI by healthcare organizations.” The Joint Commission believes that the RUAIH certification can help “champion patient-first AI practices” by giving organizations the ability to demonstrate their commitment to patient safety, trust, and quality in AI adoption; “structure adoption and accountability” by providing a framework for governing AI use across an organization; “support responsible stewardship” through supporting transparency, accountability and oversight over AI tools; “effectively manage risk” by proactively addressing AI-related risks; and “build and maintain trust” with patients, caregivers, and other stakeholders.

The certification standards focus on the following areas:  (i) governance; (ii) effective data management; (iii) risk and bias reduction; (iv) monitoring, evaluating, and validating safety performance, effectiveness, and responsible use; and (v) transparency, education, and training. The certification standards address, among other things, whether an organization has processes to protect patient data from unauthorized access or theft; a written organization-wide AI policy that defines criteria for governed AI tools, permitted and prohibited uses, and alignment with existing policies; and education and training of staff on health AI tools used in the organization.

Individual health care organization and health care systems are not required to be accredited by the Joint Commission to apply for the RUAIH certification. Nevertheless, individual health organization and health care systems must meet specific criteria related to establishing processes to support the responsible use of AI.

If you have a quick question about this, e-mail us at info@hortyspringer.com.