USSen. Cassidy releases 'PATIENT AI Act' draft: Medicare would test paying for AI that performs clinical tasks without real-time physician review

Sen. Bill Cassidy (R-La.), who chairs the Senate Health, Education, Labor and Pensions Committee, released on Oct. 29 a discussion draft, the PATIENT AI Act, under which Medicare would test paying for AI tools that perform clinical functions without a physician reviewing each result in real time.

Medical Daily reported the draft has not been introduced or voted on, and Cassidy is taking public comments until Dec. 1. It directs the CMS Innovation Center to run a five-year payment model for AI-based applications capable of performing a clinical function autonomously, starting no later than 24 months after enactment, choosing participating AI and providers by published criteria such as clinical promise, patient safety, evidence gaps and benefit to Medicare patients.

The draft does not define 'autonomously.' It gives partial answers on who is responsible when an AI errs and whether patients will know software made the call, leaving the rest for later. Cassidy said AI in health care "must be done responsibly and to the benefit of patients, innovators, and consumers." The draft is one part of a broader package covering the FDA, federal health privacy rules and Medicare.