Lance's Corner

NYSAG Issues Report on AI

Aug 7, 2024

Per the notice below, the New York State Attorney General (NYSAG) has issued a report on artificial intelligence (AI).

Attorney General James Works to Protect New Yorkers as Artificial Intelligence Technology Advances

AG James Hosted AI Symposium to Address Potential Opportunities and Risks of Generative AI Technology

New York Attorney General Letitia James today issued a report on the potential benefits and risks associated with artificial intelligence (AI), particularly generative AI, as this technology rapidly advances and becomes more embedded in New Yorkers’ daily lives.  The report followed a symposium, The Next Decade of Generative AI: Fostering Opportunities While Regulating Risks, organized by Attorney General James this past April.  The symposium brought together officials from the Office of the Attorney General (OAG) and leading academics, policymakers, advocates, and industry representatives to help develop strategies to mitigate risks presented by developing AI technology while ensuring New York can remain at the forefront of innovation.  Topics at the symposium included addressing information and misinformation sharing, data privacy, automated decision making, and potential healthcare uses for artificial intelligence.

“On a daily basis, we are seeing artificial intelligence utilized to improve our lives, but also sow chaos and confusion,” said Attorney General James.  “The symposium I organized helped bring together government and industry experts to discuss and generate real plans and next steps on addressing AI technology, and I thank everyone for their participation and insights on this critical issue.  As Attorney General, I want to ensure that government is stepping up to properly regulate AI, and ensure that its potential to help New Yorkers is realized, while its potential to cause harm is addressed and safeguarded against.”

Generative AI is a subset of AI that creates entirely new content like text, image, and audio in response to a prompt.  Unlike traditional AI models that are specialized, generative AI can be used in a variety of ways and is broadly accessible to the public.  While generative AI presents exciting opportunities to help people, the rapid spread of this new technology poses risks, such as data privacy concerns, the threat of misinformation, and the risk of bias, that must be addressed.  Participants in the OAG’s symposium engaged in panel discussions that identified fields of opportunity and their potential risks for AI technology, including generative AI.  OAG's report details how the symposium kicked off with opening remarks from Attorney General James and Greg Morrisett, the Jack and Rilla Neafsey Dean and Vice Provost at Cornell Tech, highlighting the great opportunities, as well as potential risks, that must be navigated and regulated by government agencies as AI technology advances.  Panels included: Generating Opportunity: How Might AI Enhance Our Lives in the Next Decade; The Next Decade of Generative AI Concerns; New York State of Mind; and What Now? Legal and Regulatory Options for the Future.

“As is common in technology, new innovations raise new challenges along with new opportunities,” said Greg Morrisett, the Jack and Rilla Neafsey Dean and Vice Provost of Cornell Tech.  “With the emergence and rapid growth of artificial intelligence technology, it’s important for regulations to help ensure that benefits can be widely and equitably shared, while people, data, and privacy are also protected.  I thank Attorney General Letitia James for convening a symposium on this important topic, and bringing together great minds to discuss these important issues.  For New York to remain a global leader in technology and on the cutting edge of the new opportunities AI presents, we must ensure that discussions like those organized by Attorney General James continue and lead to tangible regulations that enable innovation while also protecting people and privacy.”

Over the course of the symposium, panelists discussed beneficial uses of AI technology, including generative AI, while mitigating the risks associated with the technology.  Participants discussed how AI tools, by nature, require some adoption and testing to understand and improve the technology.  The need for greater transparency in generative AI use was a major topic during the symposium, with multiple panelists suggesting the need to add clear disclosures to consumers to inform them when they are interacting with AI technology, and how their data is collected, used, and protected.  Participants also discussed existing laws around discrimination, civil liberties, privacy, data security, defamation, fraud, deception, and competition that can be used to rein in some of the potential harms associated with AI technology.  The panelists generally agreed on the need for greater government oversight over AI technology.  The OAG report details how symposium participants identified the healthcare field and streamlining administrative responsibilities as areas of opportunity for how AI technology can improve lives.  Panelists discussed how people could benefit from major technological advancements in disease detection, monitoring trends in public health, and precision medicine.  Additionally, AI technology can provide significant improvements for completing administrative tasks, such as writing computer code or automating translation, which would enable governments and businesses to better communicate with people in their native language and provide better access to information.  However, the panelists also identified potential risks in these fields, including the use of AI-tools to generate misinformation, privacy concerns of patients, or discriminatory automated decision-making.

“Now more than ever, we need to acknowledge that the AI technologies being adapted all around us need further review, disclosure, and regulations to protect lives and liberties,” said Senator Kristen Gonzalez, Chair of the Senate's Internet and Technology Committee.  “I want to thank the Attorney General for hosting the April Symposium, releasing this report, and keeping an open dialogue around not just the benefits and risks of AI, but also the impact this technology has on New Yorkers.”

“As is the case with so many important issues, Attorney General James is leading the way when it comes to addressing the potential risks brought about by generative AI,” said Senator Brad Hoylman-Sigal.  “I was honored to join her symposium in April to discuss both the countless potential benefits of AI and the need to establish appropriate protections to limit the ways in which this new and rapidly changing technology can be abused.  After the symposium, I successfully fought for the passage of the Fashion Workers Act (S.2477A), which protects models from having their digital replicas recreated or reused by AI without their consent, now awaiting the Governor’s signature.  I am also continuing to fight for the Bossware and Oppressive Technology, or BOT, Act (S.7623B) to restrict the use of the electronic surveillance systems by employers on their workers.  AI presents such a great opportunity to use technology to improve our lives, but we cannot allow our desire for technological advancement override our constitutionally guaranteed rights to privacy and to live and work free from discrimination.”

“Artificial Intelligence, including generative AI, presents great opportunities and, at the same time, poses significant risks to the general public,” said Catherine Sharkey, the Segal Family Professor of Regulatory Law and Policy at NYU School of Law.  “To ensure the implementation of meaningful legal protections to safeguard New Yorkers and to properly harness this technology, we must have serious conversations now.  I commend Attorney General Letitia James for organizing a symposium on Artificial Intelligence, and bringing together experts, regulators, and lawmakers to discuss these thorny issues and identify next steps.  We need government to rise to the challenges presented by this exciting moment, and to take the necessary steps to ensure that AI will improve lives, and not be manipulated so as to sow misinformation, endanger privacy protections, or cause social problems.  I look forward to the great progress that this symposium and future similar events will enable us to achieve.”

Attorney General James has been on the forefront of protecting New Yorkers from the threats posed by emerging technologies, and ensuring proper regulations and oversight are advanced by state government.  In June 2024, Attorney General James announced the passage of two historic bills she helped draft and support through the state legislature to protect children from algorithmic harms online and address the youth mental health crisis.  In October 2023, Attorney General James sued Meta for harming young people’s mental health by knowingly designing and deploying harmful addictive features of social media platforms.  Attorney General James has also secured more than $2.5 billion from predatory cryptocurrency platforms including GenesisKuCoin, and Nexo, and has taken action against companies including DCGTether, and Celsius’s former CEO, Alex Mashinsky, for harming New York investors.

USDOL Issues Comprehensive Employer Guidance on Long COVID

The United States Department of Labor (USDOL) has issued a comprehensive set of resources that can be accessed below for employers on dealing with Long COVID.

Supporting Employees with Long COVID: A Guide for Employers

The “Supporting Employees with Long COVID” guide from the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) and Job Accommodation Network (JAN) addresses the basics of Long COVID, including its intersection with mental health, and common workplace supports for different symptoms.  It also explores employers’ responsibilities to provide reasonable accommodations and answers frequently asked questions about Long COVID and employment, including inquiries related to telework and leave.

Download the guide

Accommodation and Compliance: Long COVID

The Long COVID Accommodation and Compliance webpage from the USDOL-funded Job Accommodation Network (JAN) helps employers and employees understand strategies for supporting workers with Long COVID.  Topics include Long COVID in the context of disability under the Americans with Disabilities Act (ADA), specific accommodation ideas based on limitations or work-related functions, common situations and solutions, and questions to consider when identifying effective accommodations for employees with Long COVID.  Find this and other Long COVID resources from JAN, below:

Long COVID, Disability and Underserved Communities: Recommendations for Employers

The research-to-practice brief “Long COVID, Disability and Underserved Communities” synthesizes an extensive review of documents, literature and data sources, conducted by the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) on the impact of Long COVID on employment, with a focus on demographic differences.  It also outlines recommended actions organizations can take to create a supportive and inclusive workplace culture for people with Long COVID, especially those with disabilities who belong to other historically underserved groups.

Read the brief

Long COVID and Disability Accommodations in the Workplace

The policy brief “Long COVID and Disability Accommodations in the Workplace” explores Long COVID’s impact on the workforce and provides examples of policy actions different states are taking to help affected people remain at work or return when ready.  It was developed by the National Conference of State Legislatures (NCSL) as part of its involvement in USDOL’s State Exchange on Employment and Disability (SEED) initiative.

Download the policy brief

Understanding and Addressing the Workplace Challenges Related to Long COVID

The report “Understanding and Addressing the Workplace Challenges Related to Long COVID” summarizes key themes and takeaways from an ePolicyWorks national online dialogue through which members of the public were invited to share their experiences and insights regarding workplace challenges posed by Long COVID.  The dialogue took place during summer 2022 and was hosted by USDOL and its agencies in collaboration with the Centers for Disease Control and Prevention and the U.S. Surgeon General.

Download the report

Working with Long COVID

The USDOL-published “Working with Long COVID” fact sheet shares strategies for supporting workers with Long COVID, including accommodations for common symptoms and resources for further guidance and assistance with specific situations.

Download the fact sheet

COVID-19: Long-Term Symptoms

This USDOL motion graphic informs workers with Long COVID that they may be entitled to temporary or long-term supports to help them stay on the job or return to work when ready, and shares where they can find related assistance.

Watch the motion graphic

A Personal Story of Long COVID and Disability Disclosure

In the podcast “A Personal Story of Long COVID and Disability Disclosure,” Pam Bingham, senior program manager for Intuit’s Diversity, Equity and Inclusion in Tech team, shares her personal experience of navigating Long COVID symptoms at work.  The segment was produced by the USDOL-funded Partnership on Employment and Accessible Technology (PEAT) as part of its ongoing “Future of Work” podcast series.

Listen to the podcast

HHS OIG Issues Annual Report on State MFCUs

Per the notice below, the Office of the Inspector General (OIG) of the United States Department of Health and Human Services (HHS) has issued its annual report on the performance of state Medicaid Fraud Control Units (MFCUs).

Medicaid Fraud Control Units Fiscal Year 2023 Annual Report (OEI-09-24-00200) 

Medicaid Fraud Control Units (MFCUs) investigate and prosecute Medicaid provider fraud and patient abuse or neglect. OIG is the Federal agency that oversees and annually approves federal funding for MFCUs through a recertification process. This new report analyzed the statistical data on annual case outcomes—such as convictions, civil settlements and judgments, and recoveries—that the 53 MFCUs submitted for Fiscal Year 2023.  New York data is as follows:

Outcomes

  • Investigations1 - 556
  • Indicted/Charged - 9
  • Convictions - 8
  • Civil Settlements/Judgments - 28
  • Recoveries2 - $73,204,518

Resources

  • MFCU Expenditures3 - $55,964,293
  • Staff on Board4 - 257

1Investigations are defined as the total number of open investigations at the end of the fiscal year.

2Recoveries are defined as the amount of money that defendants are required to pay as a result of a settlement, judgment, or prefiling settlement in criminal and civil cases and may not reflect actual collections.  Recoveries may involve cases that include participation by other Federal and State agencies.

3MFCU and Medicaid Expenditures include both State and Federal expenditures.

4Staff on Board is defined as the total number of staff employed by the Unit at the end of the fiscal year.

Read the Full Report

View the Statistical Chart

Engage with the Interactive Map

GAO Issues Report on Medicaid Managed Care Service Denials and Appeal Outcomes

The United States Government Accountability Office (GAO) has issued a report on federal use of state data on Medicaid managed care service denials and appeal outcomes.  GAO found that federal oversight is limited because it doesn't require states to report on Medicaid managed care service denials or appeal outcomes and there has not been much progress on plans to analyze and make the data publicly available.  To read the GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the first link below.  To read GAO highlights of the report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the second link below.
https://www.gao.gov/assets/d24106627.pdf  (GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes)
https://www.gao.gov/assets/d24106627_high.pdf  (GAO highlights on federal use of state data on Medicaid managed care service denials and appeal outcomes)

CMS Issues Latest Medicare Regulatory Activities Update

The Centers for Medicare and Medicaid Services (CMS) has issued its latest update on its regulatory activities in the Medicare program.  While dentistry is only minimally connected to the Medicare program, Medicare drives the majority of health care policies and insurance reimbursement policies throughout the country.  Therefore, it always pays to keep a close eye on what CMS is doing in Medicare.  To read the latest CMS update on its regulatory activities in Medicare, use the link below.
https://www.cms.gov/training-education/medicare-learning-network/newsletter/2024-03-14-mlnc