California Attorney General’s Legal Advisory on the Application of Existing California Law to Artificial Intelligence in Healthcare

On January 13, 2025, California Attorney General Rob Bonta issued an advisory detailing legal obligations for healthcare entities using AI and automated decision systems (ADS). The advisory highlights compliance with state laws, focusing on reducing bias, protecting privacy, and ensuring informed consent. Prohibited practices include biased predictions that deny care, overriding medical decisions, and discriminatory treatment analyses. AI use must comply with privacy laws like HIPAA and the CCPA, with explicit protections for sensitive data, including reproductive health. Entities must avoid dark patterns, ensure transparency, and uphold patient autonomy, with the AG warning of strict enforcement to safeguard equity and patient rights.