AI Use and Patient Consent

Summary:

When using AI tools for recording or documentation, providers must disclose this to patients and obtain consent. Transparency protects patient trust, ensures compliance, and supports ethical care.

⚖️ Overview

Transparency around AI use is a legal and ethical requirement.

Providers must inform patients if an AI tool (such as AI Scribe) is recording or documenting the visit.

While not all states require a signed waiver, it is best practice to follow a consistent consent process—verbal or written, depending on local law.

📚 Why AI Disclosure Matters

Legal Requirements

Some states explicitly require disclosure when AI is used.
Providers must comply with all state laws on recording consent.
Violations can lead to penalties or disciplinary action.

HIPAA Considerations

Any recording involving Protected Health Information (PHI) must comply with HIPAA.
Informed consent strengthens transparency and supports patient-centered care.

Building Trust

Transparency helps maintain a strong patient-provider relationship.
Explaining AI use upfront addresses concerns about privacy and data security.

Evolving Regulations

Regulations surrounding AI in healthcare are changing rapidly.
Professional organizations and malpractice carriers increasingly recommend documented consent and opt-out options as best practice.

1. Be Transparent

Explain what the AI tool does, how it works, and how patient data is used or stored. Be prepared to answer questions clearly and confidently. ChiroSpring AI is fully HIPAA compliant. You can assure your patient their data is safe and secure.

Inform patients verbally or in writing that AI is being used for documentation. Obtain consent before any recording or transcription begins.

3. Offer an Opt-Out

Allow patients to opt out if they do not wish to have AI-assisted documentation. Respect their decision without impacting the quality of their care.

4. Know Your Local Laws

Review your state’s specific rules regarding recording consent and AI disclosure to ensure compliance.

5. Document Everything

Record the patient’s consent (or refusal) and note the process followed. Clear documentation protects both the patient and the practice.

✅ Quick Compliance Checklist

Disclose AI use to every patient
Obtain verbal or written consent
Provide an opt-out option
Follow state-specific recording laws
Document the consent process

💡 Takeaway

AI can enhance documentation, but it must be implemented responsibly. Clear communication, proper consent, and consistent documentation ensure compliance while maintaining patient trust.