Who Wins and Loses in Health Care? The Impact of Algorithms on Access | The Regulatory Review

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Who Wins and Loses in Health Care? The Impact of Algorithms on Access | The Regulatory Review

Are algorithms deciding our healthcare fate? As artificial intelligence (AI) becomes more common in medicine, its impact on patient care is growing. Health insurers now rely on AI to determine treatment coverage, a trend that raises concerns about regulation and patient protection.

Jennifer D. Oliva, a law professor at Indiana University, dives into this topic in her recent article. She highlights how these “coverage algorithms” can dictate whether a patient receives necessary treatments or medications. Unlike clinical algorithms used for diagnosing patients, which undergo rigorous checks by the FDA, coverage algorithms are often shrouded in secrecy and lack similar scrutiny.

According to a survey from 2024, 82% of physicians noted that delays in care often lead patients to abandon treatments altogether. A staggering 88% felt that these delays increase unnecessary healthcare usage, leading to more office visits and emergency room trips. Alarmingly, nearly one in five insured Americans faced treatment denial from their insurers.

The issue is particularly pressing for older adults enrolled in Medicare Advantage plans. These plans frequently utilize prior authorization—a process that can delay necessary care. Oliva notes that insurers often apply AI to predict the “appropriate” duration of therapies, potentially cutting off coverage just when it’s most needed. This means that patients can find themselves in a frustrating loop of failed treatments before receiving approval for their prescribed care.

Oliva argues for more robust regulatory oversight of these algorithms, suggesting they should undergo safety checks similar to medical devices. In April 2023, the Centers for Medicare and Medicaid Services (CMS) announced new rules that require algorithmic decisions to be assessed by qualified healthcare professionals and shared with patients. While this is a step in the right direction, many critical questions remain unanswered, such as how much autonomy a human reviewer has and the transparency required from insurers about their algorithms.

In a wider context, user reactions on social media reflect frustration with these practices. Patients and healthcare professionals alike are voicing concerns about how often algorithms decide their futures, often without accountability. The conversation highlights the need for a balance between innovation and patient care.

In summary, as AI continues to reshape healthcare, it’s crucial to ensure these algorithms are safe and effective. Oliva’s insights shine a light on the need for better regulation and transparency to protect patients. The conversation is evolving, but much work remains to ensure that technology serves health needs, not just profit margins.

For further details, see Oliva’s full article [here](https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=11586&context=ilj).



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