How Trump's AI Orders Could Throw States for a Loop
Healthcare attorney Dan Silverboard was featured in a Q&A with POLITICO about President Donald Trump's new AI Action Plan and what it means for the health sector. The plan, together with a series of executive orders, aims to accelerate the development of artificial intelligence (AI) technology in the United States and position the country as a global leader in AI innovation. One aspect of the plan is an order for the National Institute of Standards and Technology (NIST) to remove references to diversity, equity and inclusion (DEI) in its guidance on AI adoption and risk. In 2022, NIST issued recommended practices for identifying and managing discrimination and bias in AI systems, of particular concern for the healthcare industry. Mr. Silverboard noted that a number of states have enacted their own regulations addressing AI discrimination, meaning the changes to the NIST framework could create compliance challenges for companies. He added that multinational corporations also will still have to contend with other countries' laws, such as the European Union's AI Act.
"You also have specific state laws which prohibit insurance companies from using AI in such a way that results in algorithmic discrimination, Colorado, for example, California," he explained. "The NIST changes complicate the enforcement of these laws."