On November 30, 2022, OpenAI launched ChatGPT, signaling a paradigm shift in AI accessibility. While AI’s integration into various sectors, including workplace management and healthcare, offers efficiency and cost savings, concerns around its unpredictability have emerged. This is particularly relevant in employer-sponsored group health plans—covering over 150 million Americans—where AI’s role raises ethical and regulatory questions under the Employee Retirement Income Security Act (ERISA). Key issues revolve around claims adjudication, fiduciary oversight, and vendor contracts. AI can streamline decision-making but risks embedding biases and complicating fiduciary duties due to its ‘black box’ nature. States like California aim to regulate AI’s application in health plans, emphasizing the need for human oversight in clinical decisions. As AI’s adoption grows, fiduciaries must ensure compliance with legal standards, demand transparency in vendor contracts, and continually assess AI’s efficacy and ethical implications to safeguard participant interests.
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