Skip page header and navigation

AI in the UK healthcare sector:

A round up

Hospital scan

AI in the UK healthcare sector – a round up

As in every other sector, developments in AI in the UK healthcare sector continue at pace. Here we round up a few items of interest:

NHS Mandate – including a commitment to AI adoption

On 15 June 2023 the government published its 2023 mandate to NHS England, which states that:

‘It is also crucial that the NHS makes progress in adopting the latest innovation and technology to digitally transform the NHS and help to ensure its long-term sustainability. The system must utilise the power of technology and the skills, leadership and culture that underpins it, to drive a new era of digital transformation. This will allow the health and care system to thrive long into the future, delivering vast benefits for patients - such as using AI to give better treatment, the latest screening techniques to detect illness sooner and equipment that allows more people to be treated at home.’

The organisations which buy and provide NHS care will need to respond to the Mandate, noting the specific requirement here to adopt AI technologies.

Funding – AI Diagnostic Fund

To support this, the government also announced in June a new £21m AI Diagnostic Fund to accelerate the deployment of the most promising AI imaging and decision support tools to help diagnose patients more quickly for conditions such as cancers, strokes and heart conditions. NHS Trusts will be able to bid for funding from this ring-fenced fund. Details of the announcement are here.

Regulation in the UK

As the EU takes a major step towards passing one of the world’s first laws governing AI, the UK government continues with its different approach to regulation. The UK’s ‘pro-innovation’ approach as set out in its white paper, A pro-innovation approach to AI regulation, relies on existing legal frameworks, voluntary principles and sector-specific regulators - and a pitch to hosting a global AI regulator. Please see here for a summary of the proposals, on which we wrote in April.

The consultation on the white paper proposals has now closed, so we await the guidance, followed by more sector-specific guidance from the likes of MHRA and the CQC. 

In contrast to the UK approach, it is worth noting that the European parliament has now approved rules aimed at setting a global standard for AI technology, addressing a range of issues including platforms such as ChatGPT and AI-generated videos known as deepfakes. The development of these different approaches – and that of the US - will be interesting to watch and pose a challenge to AI suppliers.

AI regulation for health and care

As we wrote about previously, to help suppliers navigate the UK’s regulatory approach, the government has launched a new AI and Digital Regulations Service for health and social care. The new online service, set up together by NICE, MHRA, CQC and the Health Research Authority, intends to support the development and adoption of AI and data-driven technologies in health and care.

The service provides guidance for NHS and social care adopters and digital health innovators and offers:

  • A website providing centralised, curated and up-to-date regulatory content for both developers and adopters of AI and data-driven technologies. 
  • Access to specialist support for both developers and adopters from the service partners.

If we can help with any of these issues, please do get in touch.

With a team of over 250 lawyers, we are one of the leading firms providing legal advice and support to national and international healthcare and life sciences organisations.

From NHS bodies to private providers and practitioners to insurance practices, our multi-disciplinary legal expertise covers the full spectrum of healthcare law including, litigation, commercial, regulatory, employment, investigations and inquests, real estate and disciplinary law. As a full-service international law firm, we take a scalable approach to service delivery, providing immediate access to high-quality legal advice across the full spectrum.

We are committed to working in partnership with our clients, fostering philosophies that are mutually beneficial. Our expertise and experience mean that we understand the issues you face and the clear and practical advice that you require, especially as services and systems become more integrated. We can help you manage risk and obtain better value for money enabling you to improve services and outcomes.

You can also access our webinar resources that are designed specifically for our health clients - covering topics that may affect you.