FPF Analysis of New Requirements for Generative AI Use by Healthcare Entities in Patient Communications 

Co-Authored by Judy Wang, FPF Communications Intern

On September 28, Governor Gavin Newsom signed California AB 3030, among a host of AI bills. CA AB 3030 amended the California Health & Safety Code and requires specified healthcare entities to disclose the use of generative artificial intelligence (AI) in provider-patient communications through visual or verbal disclaimers presented before, during, and/or at the end of a communication.

A new chart from FPF provides a “cheatsheet” of the covered entities and activities, as well as requirements based on the relevant type of communication. The chart also includes information about the obligations of health facilities to which the law applies and enforcement provisions incorporated from the broader legislative package. 

Download the chart here.

FPF Key Takeaways from AB 3030:

• Emphasis on transparency and indirect obligations for developers: CA AB 3030 emphasizes transparency for those who deploy generative AI; however, it may also indirectly impose on those upstream obligations for developers when creating features for healthcare generative AI tools. 
• A long list of covered entity definitions:  The law adopts definitions from the California Health & Safety Code for many covered entities, including health facilities, clinics, and group practice offices. These entities include most clinical, treatment, and care contexts.
• A narrow, use-based scope:  The scope of the law includes covered entities that use “generative artificial intelligence to generate written or verbal patient communications about patient clinical information.”
• Codifies human involvement, which will help avoid the “doom loops:” In addition to the transparency requirements discussed above, the law provides a second requirement focused on human-in-the-loop approaches. 

Interested in getting a full analysis of AB 3030? Become an FPF member to access the complete analysis and breakdown of California AB 3030 in the member portal.