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Legal Update Article

AI in Healthcare: Innovation, Workforce Transformation + the Path Forward

Takeaways

  • AI’s greatest near-term impact in many healthcare organizations may be in administration, particularly as financial pressures persist and experienced employees continue to be difficult to recruit and retain in the industry.
  • Healthcare employers are increasingly integrating AI across the employment lifecycle, but when implemented without appropriate oversight, these AI approaches can create significant legal exposure, erode employee trust and ultimately affect the quality of patient care.
  • Success will go to those organizations that can earn the trust of their employees, patients and regulators by implementing AI thoughtfully, communicating transparently and maintaining appropriate human oversight.

 

Article

Artificial intelligence (AI) has emerged as a promising force in healthcare, offering a significant potential tool to help healthcare professionals work more efficiently and make better-informed decisions.

Healthcare organizations are navigating a complex and demanding environment. Persistent workforce shortages across clinical and administrative roles, widespread clinician burnout, escalating labor costs and increasing regulatory scrutiny are placing significant strain on these organizations. Despite these challenges, healthcare organizations are expected to deliver better patient outcomes while preserving quality or access to care. 

Today, AI is being used to assist with everything from diagnostic imaging and clinical documentation to scheduling, revenue cycle management, claims processing, patient communications and research. Generative AI, in particular, is becoming an integral part of daily workflows, helping healthcare professionals and administrators draft communications, summarize records and organize information more efficiently. Technologies that seemed experimental in the healthcare industry not long ago are helping complete tasks that once required hours of manual effort in a fraction of the time.

As AI becomes more widely used in the healthcare industry, leaders must navigate challenges that go well beyond selecting the right technology. Each new implementation requires thoughtful consideration of governance, compliance, transparency, accountability and trust. These issues are particularly complex in an industry where decisions directly affect not only business operations but patient care and a workforce whose expertise is indispensable for quality care.

AI Is Changing More Than Clinical Care

Much of the public conversation about AI in healthcare focuses on its clinical potential: 

  • Identifying disease earlier; 
  • Supporting treatment decisions; and 
  • Accelerating drug discovery. 

Although primary to a healthcare organization’s mission, these developments do not tell the whole story.

In many healthcare organizations, AI’s greatest near-term impact may be in administration. Administrative tasks that once consume significant staff hours are increasingly being automated or augmented through AI technologies. Ambient documentation tools streamline clinical notetaking. Predictive analytics help anticipate patient volumes and staffing requirements. AI-powered scheduling platforms align workforce levels with fluctuating demand. Customer service chatbots answer routine patient inquiries before they reach a call center.

These efficiencies are particularly appealing in an industry where financial pressures persist and experienced employees are difficult to recruit and retain. However, every operational improvement brings new legal and organizational considerations. Healthcare organizations must assess not only an AI’s tool effectiveness, but also whether its use aligns with existing regulatory requirements, internal policies and professional standards.

Workforce Is at Center of AI Conversation

Healthcare employers are increasingly integrating AI across the employment lifecycle, from recruitment and hiring to scheduling, performance management, training and employee support. When implemented thoughtfully, these technologies can streamline administrative processes and help organizations allocate scarce resources more effectively. When implemented without appropriate oversight, they can create significant legal exposure, erode employee trust and ultimately affect the quality of patient care.

Consider the hiring process. AI-assisted screening tools can help employers identify qualified candidates more efficiently, but organizations must understand how these systems evaluate applicants and whether they produce unintended bias. Similarly, AI-powered scheduling software may improve workforce allocation, but healthcare employers remain responsible for complying with wage and hour requirements, providing reasonable accommodations for employees with disabilities, where appropriate, and honoring contractual obligations in unionized workplaces.

Similarly, AI tools designed to measure productivity and monitor workplace activity can offer valuable operational insights. At the same time, they raise important concerns about employee privacy, transparency and the extent to which automated decision-making systems should influence personnel matters.

These are not entirely new employment issues. Rather, AI changes how familiar legal obligations manifest and how employers must address them. As federal agencies issue additional guidance and states adopt laws governing automated decision-making and employment-related AI, healthcare employers can expect the regulatory landscape to evolve alongside the technology itself.

Perhaps just as important as the technology is human judgment. Healthcare professionals are trained to exercise independent judgment. Although AI can support that judgment, it cannot replace it. Organizations implementing AI into clinical or administrative workflows should invest in training that helps employees understand AI tools’ capabilities and limitations. Employees need clear guidance on when AI can serve as a useful tool, when human oversight is essential and how organizational policies govern the use of AI-generated content.

Governance Becoming a Competitive Advantage

The success of AI implementation depends less on the technology itself than on the quality of the governance framework that guides its use.

For many healthcare organizations, this means recognizing that AI is more than an information technology initiative. Effective implementation increasingly requires collaboration among legal, compliance, privacy, human resources, information security, procurement and clinical leaders. Each stakeholder brings a different perspective on risk and plays a critical role in promoting the responsible use of AI.

An effective AI governance program begins with asking the right questions before new technologies are implemented. Organizations should understand what data an AI system uses, how that information is stored and protected, whether patient or employee data may be used to train underlying models, and what contractual safeguards are in place if issues arise. Clear internal policies should also establish acceptable uses of AI, approval processes for new technologies, and expectations for employee or human oversight and accountability.

Good governance is not a barrier to innovation; it is a framework that enables organizations to embrace new technologies with greater confidence while minimum legal and operational risks.

Looking Ahead

AI’s impact on the healthcare industry will be driven by countless incremental improvements that collectively reshape how healthcare organizations operate, how clinicians deliver care and how employees do their jobs.

Success will belong to organizations that move beyond seeing AI as simply another software purchase and instead embrace it as a business strategy that touches every part of the enterprise, from patient care and operational efficiency to workforce management and regulatory compliance.

For healthcare employers, the future of AI is ultimately a matter of trust. Success will also depend on whether organizations can earn the trust of their employees, patients and regulators by implementing AI thoughtfully, communicating transparently and maintaining appropriate human oversight. Those that are trusted will be better positioned to capture AI’s benefits while managing the legal and workplace challenges that inevitably come with innovation.

© Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome. 

Focused on employment and labor law since 1958, Jackson Lewis P.C.’s 1,100+ attorneys located in major cities nationwide consistently identify and respond to new ways workplace law intersects business. We help employers develop proactive strategies, strong policies and business-oriented solutions to cultivate high-functioning workforces that are engaged and stable, and share our clients’ goals to emphasize belonging and respect for the contributions of every employee. For more information, visit https://www.jacksonlewis.com.