AI in Pharmaceutical Negotiations: A Promising Future with Regulatory Considerations

Sanja Fitzgerald • July 1, 2024

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A recent podcast discussion regarding the use of AI and biometric emotional response measurement during payer negotiations for drug pricing sparked my interest, particularly as a computational chemist with over 15 years of experience in digital drug discovery methods. While this specific application presents ethical and regulatory challenges, the potential of AI in the pharmaceutical industry is undeniable.

Digital and AI-powered systems have revolutionized drug discovery. They can predict drug-protein interactions, design new drugs from scratch (de novo design), and screen potential drugs for activity, toxicity, and other properties. This significantly reduces preclinical research costs and accelerates the discovery of valuable new therapies. AI also holds immense promise for streamlining clinical trials, potentially reducing costs and increasing success rates.

The collection of electronic patient outcome data allows for real-time tracking and evaluation. However, regulations are crucial for responsible AI implementation. The European Parliament's adoption of the European AI Act (AIA) in March 2024, anticipated to be in effect by June 2024, is a step in the right direction.
The European Commission recognizes the potential of AI in healthcare but acknowledges potential risks. The AIA establishes a risk-based approach, classifying AI systems with corresponding requirements and obligations. Providers and users of high-risk systems will need to comply with stricter regulations.

The new regulations ban specific AI applications that threaten citizens' rights. This includes biometric categorization based on sensitive data, unauthorized facial recognition databases, and emotion recognition in certain contexts. Additionally, social scoring, predictive policing solely based on profiling, and manipulative AI are prohibited.

While the use of biometric methods and AI in payer negotiations raises ethical concerns, AI has the potential to be a powerful force for good in the healthcare system. By prioritizing ethical considerations and focusing on applications that benefit patients and the entire system, we can harness the power of AI for positive change.


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