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Do you want to use an AI language model to enhance your healthcare practice operations? Understand the risks and benefits so you can leverage this technology safely, effectively, and legally.
ChatGPT, an artificial intelligence (AI) language model developed by OpenAI, is widely used in various fields such as finance, education, customer service, and more. Even if you’re not tech-savvy, using ChatGPT to generate written communications is as easy as having a regular conversation. And while not always perfect, its output is impressive. The algorithm is so sophisticated that it has successfully passed law, business, and medical school exams.
As ChatGPT and its competitors, such as Claude 3 and Google Gemini, continue to evolve, interest in AI’s potential uses in healthcare has increased. Here, we’ll explore the benefits and risks of using ChatGPT or other AI language models in your healthcare practice operations.
Balancing Risks and Benefits
When it comes to AI in the healthcare space, balancing the risks of data protection with the benefits and efficiencies of technology is crucial. In March 2023, OpenAI announced that it would only use data submitted by customers to improve its models if users explicitly choose to share their data. Additionally, OpenAI will only retain data for 30 days before deleting it.
However, these internal policy changes do not make ChatGPT HIPAA-compliant. For HIPAA compliance, your practice must enter a Business Associate Agreement (BAA) with OpenAI. OpenAI has indicated its willingness to sign BAAs with customers, but this requires entering an “Enterprise Agreement” and meeting other qualifications. Therefore, without a signed BAA, entering protected health information (PHI) into ChatGPT violates HIPAA.
See our related video, “Business Associate Agreements in Healthcare”:
In short, despite the efficiencies that ChatGPT could bring in writing patient records or addressing other practice needs involving patient information, it is essential to proceed with caution and ensure full compliance with HIPAA standards. Some healthcare practices that rely more heavily on AI—like fertility medicine—are using AI products specifically built for use in a clinical setting with an eye towards HIPAA compliance and data security.
Opportunities for Non-PHI Uses of ChatGPT
Despite barriers that may prevent you from using ChatGPT with protected health information, the tool can improve efficiency in other areas of a healthcare practice that do not involve PHI. ChatGPT can assist with internal operations and business management by quickly generating meeting agendas, talking points, and other necessary materials. This can save you and your team valuable time, allowing you to focus more on patient care and other critical tasks. However, you must be careful not to enter PHI, such as patient names, when using ChatGPT to prepare emails or other administrative communications – unless proper safeguards are in place.
Enhancing Public-Facing Materials
ChatGPT can also be helpful for updating public-facing practice materials, such as your website or blog posts. For example, if you need help crafting an introduction section for your website, ChatGPT can provide tailored ideas in seconds. It can also assist you in drafting blog posts on medical topics. However, you must verify the accuracy of the content and ensure it is up-to-date, as ChatGPT pulls information from various sources that may be neither reliable nor current.
Health professionals must adhere to specific ethical standards and accurately portray health-related topics and developments as part of their practice marketing. Thus, when using ChatGPT to prepare materials on subjects in your field, double-check the accuracy and run the copy through an online plagiarism checker. ChatGPT’s ability to enhance efficiency and provide quick content solutions can be a valuable asset, but it requires careful use to maintain compliance and uphold professional standards.
Preparing for the Future: AI Integration in Healthcare
OpenAI is continuing to fine-tune the latest version of ChatGPT, and many predict new, industry-specific versions are already in the works. As AI becomes more prevalent, it is only likely a matter of time before a patient- and practice-friendly AI platform emerges. Such a platform could transform how the healthcare industry handles coding, entering notes, managing intake paperwork, and more.
If you integrate AI technology into your practice operations, you will need to take two critical actions:
- Update your HIPAA policies and procedures and other internal policies to account for new technology.
- Properly train workforce members to use AI in a way that protects patient information while increasing efficiency.
Get Legal Support
Healthcare attorneys can help you navigate the legal challenges associated with integrating AI into your practice operations. If you operate in one of the states where we practice, consider setting up a phone consultation with an experienced healthcare attorney to discuss your goals.
This blog is made for educational purposes and is not intended to be specific legal advice to any particular person. It does not create an attorney-client relationship between our firm and the reader. It should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction.
