California’s Reparations Task Force Releases Draft Report on AI Risks

Summary
On May 6, 2023, California’s Reparations Task Force released a draft report on “Policies to Address Mental and Physical Harm and Neglect,” identifying issues associated with “racially biased” algorithms and “medical artificial intelligence” in health care. The report raises concern that such algorithms lack “data diversity, whether by race, sex, or other factors,” and calls on the Legislature to direct the California Department of Public Health to issue guidance to hospitals to ensure that commercial algorithms and AI-enabled medical devices “are not used for clinical applications without FDA approval or clearance.”