Lawmakers Propose Guardrails as Generative AI Transforms Colorado’s Healthcare System

Key Takeaways

Two Colorado bills aim to regulate AI use in healthcare, including a ban on therapists using chatbots with patients.
House Bill 1195 prohibits mental health professionals from using AI for direct client communication or treatment recommendations without human oversight.
House Bill 1139 prevents insurance companies from denying coverage solely based on AI assessments, requiring human review of decisions.

Regulating AI in Colorado Healthcare

In Colorado, two new bills aimed at regulating the use of Artificial Intelligence (AI) in healthcare are making headlines as the first AI regulations to advance in the statehouse this year. These proposals focus on ensuring that healthcare interactions maintain a human element, especially in the field of mental health.

House Bill 1195 is designed to establish guidelines for licensed mental health professionals. It prohibits psychologists, counselors, and social workers from utilizing AI chatbots for direct communication with clients or for generating treatment plans without prior approval from a qualified professional. According to Democratic Rep. Gretchen Rydin, one of the bill’s sponsors and a licensed therapist, the legislation’s primary objective is to keep therapy a human-centered process. While AI can assist with administrative tasks like scheduling or note-taking, any use of AI for recording therapy sessions mandates written consent from clients. Furthermore, the bill restricts companies from marketing AI tools as psychotherapy unless delivered by a regulated professional.

The second piece of legislation, House Bill 1139, addresses the use of AI in health insurance. This bill prohibits insurance companies from denying coverage solely based on AI assessments and mandates that individual patient histories be reviewed before any coverage decision is made. Blair Skinner, president of the Mental Health Advocacy Network of Colorado, advocates for this measure, emphasizing that treatment coverage should always involve a trained clinician. Clinicians will also need to inform patients about the use of AI in their care, specifically prohibiting chatbots from posing as licensed professionals.

While both measures garnered support in committees, critics from the tech and healthcare sectors urge caution. Brittany Morris Saunders, president and CEO of the Colorado Technology Association, notes that certain provisions may be overly broad or challenging to implement, suggesting they could hinder responsible AI use if not amended. Despite this, the state is preparing for a much broader AI policy discussion later, especially regarding the state’s unique anti-discrimination law set to take effect in June, which aims to ensure transparency and mitigate bias in AI usage by businesses and governments.

Governor Jared Polis has established a task force to explore potential changes to this law, as concerns about its implementation and legal ramifications persist within the business community. Overall, these legislative efforts reflect a commitment to balancing innovation in healthcare with the need for ethical standards and human oversight.

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