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SENIOR LIVING AND THE USE OF ARTIFICIAL INTELLIGENCE FOR INFECTION PREVENTION AND CONTROL
“In the future, we are going to see more complex epidemics. COVID-19 is a symptom of the drivers we will live with throughout the 21st century.”
Sir Jeremy Farrar, Director Wellcome Trust
Insurance implications AI regulations are not in place today in the United States, but changes will likely be on the horizon. With those ever- evolving changes, senior living leaders will need to remain vigilant in monitoring AI programs for new regulatory requirements for the industry. The efficiencies created when using AI may only
partially reduce risk. Errors resulting in injury may still occur. However, liability will remain with the provider along with new stakeholders, (e.g., software developers), which may now bring forth product liability concerns. Physicians, health systems, senior living organizations and algorithm designers are subject to different, overlapping theories of liability for AI and machine learning (ML) systems. A senior living organization may face legal actions
if errors occurred using the AI technology. If the AI causes harm or violates resident rights, the affected party may choose to file a lawsuit. AI applications, when using algorithms, become part of the diagnostic care team, but an algorithm may lack the decision-making skills to differentiate the underlying reasons for those decisions. Therein lies additional risks. AI can also affect a company’s business income valuation and the coverage limit chosen. As AI technologies continue to evolve and their use in senior living expands, insurance providers will continue to adapt their coverage. Senior living providers should review their policies to ensure that AI-related risks are adequately covered, and they should consider working with their insurance broker and legal counsel familiar with AI technologies to navigate the potential legal risk and the development of risk mitigation strategies.
Future of AI in senior living AI applications for senior care services continue to evolve. Understanding the use and applications will require time and research. AI applications can bring significant quality- of-life improvements for seniors and improve community IPC programs. Advantages for IPC include speed, consistency and the capability of handling infinitely large datasets. However, many challenges and risks remain. In many instances, AI alone will not improve IPC. Often IPC requires cultural and behavioral change. Senior living may be revolutionizing and paving the way
for AI technology and healthcare delivery. AI algorithms and their applications will require further study to evaluate the impact on resident care and organizational efficiencies. While AI may be an evolving solution for fighting pandemics, it will require collaboration with senior living operators and healthcare professionals to validate effective and responsible use of AI applications.
Disclaimers
Willis Towers Watson hopes you found the general information provided in this publication informative and helpful. The information contained herein is not intended to constitute legal or other professional advice and should not be relied upon in lieu of consultation with your own legal advisors. In the event you would like more information regarding your insurance coverage, please do not hesitate to reach out to us. In North America, Willis Towers Watson offers insurance products through licensed entities, including Willis Towers Watson Northeast, Inc. (in the United States) and Willis Canada Inc. (in Canada).
The information contained herein does not include nor imply Argentum endorsement of any commercial product, service, or activity. Argentum does not endorse third party businesses, products, or services. Argentum does proudly recognize supporting Sponsors and Members and their contributions to Argentum and its industry mission.
18 SENIOR LIVING EXECUTIVE SEPTEMBER/OCTOBER 2023
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