In 2024, California’s Governor Gavin Newsom has enacted over 1,300 new laws and vetoed nearly 190 bills, continuing a legislative trend that significantly impacts the health care sector. Among the many bills adopted, several are of particular note as they pertain to the incorporation and regulation of artificial intelligence (AI) within health care practices. These laws aim for greater compliance and oversight, especially as AI technologies become increasingly integrated into patient care and administrative processes.
Effective from January 1, 2025, Assembly Bill 3030 introduces protocols for using AI in patient communications involving clinical information. Under this legislation, any AI-generated content that informs patients about their health must include a disclaimer. This disclaimer states that the communication is produced using generative AI and provides instructions on how patients may reach a human health care provider if necessary. The law applies to all forms of communication – both written and oral – that includes clinical data. Notably, if a licensed health care professional reviews the AI-generated communication before it is sent to the patient, the disclaimer becomes unnecessary.
Similarly, Senate Bill 1120 places more stringent requirements on health care service plans and disability insurers that use AI tools in their decision-making processes related to patient care. These organisations must now develop and disclose comprehensive policies ensuring that AI-generated evaluations of medical necessity are based on fair and equitable application of clinical criteria. The legislation mandates that final decisions regarding medical necessity must remain with licensed health professionals, prohibiting AI from making determinations that could delay or deny essential care.
In addition to AI-related reforms, several other laws target various aspects of health care delivery and financial practices. Assembly Bill 2107 allows for the remote review of clinical laboratory tests under specific conditions set by the Clinical Laboratory Improvement Amendments (CLIA). This shifts capabilities concerning digital data without compromising the stringent regulatory standards expected from licensed laboratories.
Another significant piece of legislation, Assembly Bill 2297, revises eligibility criteria for charity care provisions, extending financial support to patients with incomes up to 400% of the federal poverty level. This law also mandates a clearer delineation of costs defined as "high medical costs" and restricts hospitals from using assessed monetary assets to determine eligibility for financial assistance.
In the realm of maternal health, Assembly Bill 2319 expands mandatory implicit bias training to encompass all health care providers involved in perinatal care across various settings, reinforcing the state's commitment to equitable treatment practices.
Furthermore, the passage of Senate Bill 1061 establishes important protections regarding medical debt reporting, preventing hospitals from disclosing medical debt to credit reporting agencies under certain conditions, which may impact patient financial records and access to care.
Senate Bill 1300 extends the public notice period for the closure of maternity wards or psychiatric units from 90 to 120 days, enhancing community engagement in health care changes that affect local services.
Lastly, Assembly Bill 3275 reduces the timeframe for health care plans to reimburse claims, tightening the regulations around timely payments for services rendered, thus aiming to improve financial processes within health care delivery.
These legislative initiatives underscore a comprehensive approach to modernise California's health care framework, integrating emerging technologies while ensuring patient safety and equity remain at the forefront of health care practices.
Source: Noah Wire Services