Addressing Access with Artificial Intelligence: Overcoming the Limitations of Deep Learning to Broaden Remote Care Today

• Published in: The University of Memphis law review Vol. 51; no. 4; pp. 1103 - 1141
• Main Author: Solaiman, Barry
• Format: Journal Article
• Language: English
• Published: Memphis University of Memphis 01.01.2021
• Subjects: Artificial intelligence; Brain research; COVID-19; Deep learning; Ethics; Health care access; Hospitals; Machine learning; Medical research; Neural networks; Pandemics; Patients; Stem cells; Telemedicine; United States > US
• ISSN: 1080-8582

The traditional method of patients meeting with their doctor in a clinic or hospital is evolving-digital health technologies encompassing artificial intelligence ("AI") are enabling greater access for patients, with monitoring and prevention being seen as the future norm for care.1 In this manner, there is a greater emphasis on providing constant care to individuals while they are on the move using technologies that enable patients to proactively manage their health throughout the day and take care of their wellbeing.2 There is a greater emphasis on home care premised on independent and healthy living that utilizes technology to monitor patients at home and deliver care there, rather than in a hospital.3 The role of primary and community care providers is also evolving to encourage the use of health technologies for care on the move or at home. [...]National Health Service ("NHS") trusts in the United Kingdom had signed long-term contracts for the broad use of wearable devices utilizing AI to provide remote care to patients.4 Telemedicine has long been established as a means of delivering care in the United States and Canada.5 Digital therapeutics are spouting. "10 It should also be emphasized that, so far at least, regardless of the AI system used (which are explored below), much human involvement is needed in the healthcare context.11 Nevertheless, despite all those important disclaimers, the "hype" surrounding AI is different to other areas such as stem cell research. Healthcare leaders are more willing than ever to extend access to care by remote means both in the short and long term, and the factors analyzed here are intended to frame some key legal considerations surrounding those efforts.18 Finally, Part V concludes by arguing that while AI can be used to broaden remote care within the existing regulatory framework, relevant stakeholders ought to implement more robust practices concerning data protection, informed consent, and medical liability, in anticipation of regulatory changes in the future.