Document Type
Article
Disciplines
Insurance Law
Abstract
This article examines the rapidly accelerating use of powerful artificial intelligence to make healthcare decisions. Artificial intelligence promises many benefits: affordable and accessible healthcare; diagnostic accuracy; and efficiently streamlining tasks related to prior authorization procedures. However, the perils involve proxy discrimination-an insidious form of a disparate impact claim-involving biases inadvertently coded into an algorithm disproportionately harming members ofa protected class. As most Americans have employer-provided health insurance governed by the Employee Retirement Income Security Act of 1974 (ERISA), this paper argues there are no adequate legal remedies for consumers injured by proxy discrimination. The history of health insurance explains why employer- provided health insurance has exploded, which has exacerbated our ability to fashion a suitable remedy. This paper concludes federal legislation is needed to bring our regulatory structure into the computational age.
Recommended Citation
Dueno, Tyler, "Racist Robots and the Lack of Legal Remedies in the Use of Artificial Intelligence in Healthcare" (2020). Connecticut Insurance Law Journal. 376.
https://digitalcommons.lib.uconn.edu/cilj/376