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@Mikal @jrdepriest @emilymbender The only place where a doctor might get caught at doing it is if they produce a recording in a court of law as part of a legal case. The problem is, patient recordings would be considered part of HIPAA compliance and may be inadmissible if proper procedures are not followed.
There are definitely procedures to follow when introducing HIPAA data into a court case, such as giving the patient a chance to object.
@M3L155A @meltedcheese @emilymbender For clarification, when I say that insurers aren’t deriving benefits from AI directly, I mean specifically the AI that’s being used in doctors offices, learning from patient recordings.
It is very possible, however, that insurance companies are using AI in their own internal systems, but those AI systems are entirely separate from AI used in doctor’s office patient systems.
@M3L155A @meltedcheese @emilymbender AI hasn’t yet proven itself to be a reliable or useful witness in legal cases. I’m not even sure a lawyer has yet tried using an AI as a witness.
It is possible that having audio recordings of patient interactions could prove useful in courts, but that implies that doctors are being sued more now than in the past.
Insurers don’t derive benefits from AI directly, so I don’t understand this push.
@Mikal @jrdepriest @emilymbender The problem is even knowing the doctor’s office recorded the interaction, other than via a whistleblower. If the recording is transcribed and then discarded by the doctor, how would a patient ever know? Once doctors realize they basically can’t get caught doing it, what or who will stop them?
Insurance companies aren’t going to care or even ask if the doctors collected their recordings illegally.
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@meltedcheese @emilymbender It’s very likely this feature was introduced into the medical office patient management software. It’s likely being pushed hard by the developers. It might even offer a kickback scenario for the doctors who record the most. Doctors are not going to argue with free money, but they will argue with patients if they stand to lose that kickback money.
This suggests a deeper journalistic dive into that patient mgmt. software might be justified.
@commonst @emilymbender Medical providers are one to point fingers at patients for being tech naïve. Medical providers, and the medical industry in general, are notoriously the worst at being informed about tech; worse than any industry short of lawyers. That’s actually why HIPAA exists.
@Mikal @jrdepriest @emilymbender Unfortunately, it’s likely to get to the point that it’s too much of a hassle to ask and they stop asking. They’ll simply collect it without your knowledge or consent.
@heidilifeldman Wall Street is no longer interested in truth, only what sells more stocks.
