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Can You Believe the AI Hype? | AI Payment News July 6, 2023
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Together with
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“[If] AI- and ML-enabled device developers learn through experience that they can make unsupported or misleading statements in marketing materials without penalty and there is a perceived commercial advantage to doing so, the result is predictable.”
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Nigam Shah, MBBS, PhD and Michelle Mello, PhD, JD, in a commentary on a JAMA Network Open study on discrepancies between AI regulatory clearances and marketing materials.
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Can you believe the hype when it comes to marketing claims made for AI software? Not always. A new review in JAMA Network Open suggests that marketing materials for one-fifth of FDA-cleared AI applications don’t agree with the language in their regulatory submissions.
Interest in AI for healthcare has exploded, creating regulatory challenges for the FDA due to the technology’s novelty. This has left many AI developers guessing how they should comply with FDA rules, both before and after products get regulatory clearance.
This creates the possibility for discrepancies between products the FDA has cleared and how AI firms promote them. To investigate further, researchers from NYU Langone Health analyzed content from 510(k) clearance summaries and accompanying marketing materials for 119 AI- and machine learning (ML)-enabled devices cleared from November 2021 to March 2022. Their findings included:
- Overall, AI/ML marketing language was consistent with 510(k) summaries for 80.67% of devices
- Language was considered “discrepant” for 12.61% and “contentious” for 6.72%
- Most of the AI/ML devices surveyed (63.03%) were developed for radiology use; these had a slightly higher rate of consistency (82.67%) than the entire study sample
The authors provided several examples illustrating when AI/ML firms went astray. In one case labeled as “discrepant,” a developer touted the “cutting-edge AI and advanced robotics” in its software for measuring and displaying cerebral blood flow with ultrasound. But the product’s 510(k) summary never discussed AI capabilities, and the algorithm isn’t included on the FDA’s list of AI/ML-enabled devices.
In another case labeled as “contentious,” marketing materials for an ECG mapping software application mention that it includes computation modeling and is a smart device, but require users to request a pamphlet from the developer for more information.
The Takeaway
So, can you believe the AI hype? This study shows that most of the time you can, with a consistency rate of 80.67% – not bad for a field as new as AI (a fact acknowledged in an invited commentary on the paper). But the study’s authors suggest that “any level of discrepancy is important to note for consumer safety.” And for a technology that already has trust issues, it’s probably best that developers not push the envelope when it comes to marketing.
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- AI of Brain MRI Gets CPT Code: In related news, reimbursement for the use of AI for brain MRI scans also got a boost when the AMA issued a Category III CPT code for AI-based brain quantification software, enabling users to request reimbursement from payers. AI developer icometrix said the code will apply to its application for analyzing neurological disorders such as multiple sclerosis, dementia, and traumatic brain injury. There are a limited number of radiology AI applications that have CPT III codes; limited reimbursement is one of the factors believed to be holding back wider adoption of AI in healthcare.
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- Neko Raises $65M: Swedish whole-body scanning firm Neko Health raised $65M in a Series A funding round that the company will use to fast-track its concept of preventive care across Europe and the US. The firm was cofounded by Spotify CEO Daniel Ek, and it plans to offer a 10-minute scan that will cost about $270.
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- Mount Sinai Hospital is using AI echo technology from Us2.ai and Core Sound Imaging to expand access to heart health in a pilot program that will allow more New York hospitals to benefit from AI tools and workflow improvements.
- Us2.ai just published what might be the most comprehensive paper we’ve seen on AI echo, detailing the benefits of AI-automated echocardiography, the global need for more scalable and flexible CVD assessments, and how its technology is fit for the future.
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