Last week we covered MyChart and the hackers exploiting people. This week, I explored the use of AI in the Doctor’s office across the US and what, if any, restrictions they may have to follow.
AI is showing up in exam rooms, from tools that listen and write visit notes to chatbots that answer patient questions. With no comprehensive federal law on the subject, states have taken the lead in regulating AI in healthcare. The rules differ a great deal from state to state.
Photo by Vitaly Gariev on Unsplash
Disclosure and Consent
These two words are important for you to understand: Disclosure and Consent.
- Disclosure means you must be told AI is being used
- Consent means you must agree first, often in writing, and sometimes you can take it back
Asking for consent is pretty rare, and mostly applies to mental health care and AI recording tools. Legislation about AI is happening fast. The National Conference of State Legislatures maintains an active database of legislation. I searched for healthcare and the keyword AI and discovered a total of 140 bills in 38 states.
Another source I found is All Laws By State citing 32 enacted laws in 11 states. They cite 7 action items from enacted laws as follows:
- Inventory automated decision-making technology that materially influences patient care or coverage decisions and prepare pre-use notices (Colorado SB 26-189 (from Jan 1, 2027))
- Disclose to patients when AI is used to generate clinical communications (California AB 3030)
- Ensure human physician review of AI-assisted diagnostic or treatment recommendations (Multiple state requirements)
- Verify that AI systems processing PHI comply with HIPAA Privacy and Security Rules (HIPAA / HHS OCR guidance)
- Prohibit AI as sole basis for health insurance coverage denials (Alabama SB 63)
- Implement bias testing for AI tools that affect patient access to care (Section 1557 ACA)
- Obtain developer documentation on intended uses, known risks and limitations, and training-data categories; retain records for at least 3 years (Colorado SB 26-189 (from Jan 1, 2027))
Physicians Using AI
The AMA conducted a survey of physicians to determine how many are using AI tools. They found that 80% responded that they are using AI tools to stay on top of medical research, create discharge instructions, document medical visits, and more.
According to the 2026 AMA survey, these shares of physicians said they are using health AI for:
- Summaries of medical research and standards of care—39%.
- Creation of discharge instructions, care plans or progress notes—30%.
- Documentation of billing codes, medical charts or visit notes—28%.
- Generation of chart summaries—28%.
- Generation of draft responses to patient portal messages—19%.
- Translation services—18%.
- Assistive diagnosis—17%.
Photo by Vitaly Gariev on Unsplash
Patient Visits
As a patient, what can we do? How do we know if AI is being used during our calls and visits?
It’s important to be proactive and ask if and how AI is being used during your visit? Follow up by asking what tools are being used (scribes? notetaking? other?) and then ask how your data is being collected, used, and stored.
If AI is used during notetaking for example, you may want to ask who interprets the notes? It’s important to ask about how your personal information is protected and what safeguards are in place (AI or no AI, this is an important question!)
Speak Up
Going to a doctor visit can impact nerves. Preparing questions in advance of a visit helps calm nerves and remember what you want to ask. Having notes can be a prompt for you to ask about AI tools being used in the doctor’s office during your visit.
Today, as AI notetakers are everywhere in our daily lives, having a list may seem old-fashioned. Bringing notes and taking notes is helpful for your own visits and when you accompany others to appointments.
There is so much to consider when you begin planning for your loved ones and for yourself. I know the details can be overwhelming.
If you ever want to discuss your situation and/or have questions, please feel free to Email me. If you’d like to learn more about my work, check out my website @ The Living Planner.
I’ve written my book for people who would like to consider planning for now and after a loss. The 2026 edition of Living Planner What to Prepare Now While You Are Living © can be purchased HERE.
Let me know if there are topics of interest to you for my weekly blog. It’s always good to hear from you.
Quote of the week: “Dost thou love life? Then do not squander time, for that is the stuff life is made of” Benjamin Franklin
Use your time wisely. Lynn
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