Plain Language
Health facilities, clinics, physician's offices, and group practices that use generative AI to create patient communications about clinical information must include two things: (1) a prominent disclaimer that the communication was AI-generated, with format-specific requirements — at the beginning for letters/emails, displayed throughout for chat-based telehealth and video, and verbally at the start and end for audio; and (2) clear instructions on how to reach a human provider. Critically, these requirements do not apply if a licensed or certified health care provider has read and reviewed the AI-generated communication before it reaches the patient — this human-in-the-loop exemption is the key safe harbor. Administrative communications (scheduling, billing) are excluded because they fall outside the definition of patient clinical information.
Statutory Text
(b) A health facility, clinic, physician's office, or office of a group practice that uses generative artificial intelligence to generate written or verbal patient communications pertaining to patient clinical information shall ensure that the communications include both of the following: (1) A disclaimer that indicates to the patient that the communication was generated by generative artificial intelligence and that is provided in the following manner: (A) for written communications involving physical and digital media, including letters, emails, and other occasional messages, the disclaimer shall appear prominently at the beginning of each communication; (B) for written communications involving continuous online interactions, including chat-based telehealth, the disclaimer shall be prominently displayed throughout the interaction; (C) for audio communications, the disclaimer shall be provided verbally at the start and the end of the interaction; or (D) for video communications, the disclaimer shall be prominently displayed throughout the interaction. (2) Clear instructions describing how a patient may contact a human health care provider, employee of the health facility, clinic, physician's office, or office of a group provider, or other appropriate person. (c) If a communication is generated by generative artificial intelligence and read and reviewed by a human licensed or certified health care provider, the requirements of subdivision (b) do not apply.