Examining Ghana's National Health Insurance Act, 2003 (Act 650) to Improve Accessibility of Artificial Intelligence Therapies and Address Compensation Issues in Cases of Medical Negligence

Abstract

Objective: Examine Ghana’s National Health Insurance Act (Act 650) to identify coverage gaps limiting artificial intelligence (AI) therapy access and address medical negligence liability issues surrounding automated healthcare systems. 

Methods:  Legal and regulatory analysis of Act 650 were conducted, review of academic literature on global uptake of AI interventions and medical negligence principles were elucidated, examination of case studies implementing pilot AI therapy programs under insurance schemes were considered.

Results & Conclusions: Act 650 lacks clear provisions for funding innovative AI treatments with proven efficacy and undefined negligence determination guidelines involving AI systems, contributing to accessibility and accountability issues. Proposed amendments to reimburse certain AI therapies through the National Health Insurance Scheme, expand certified provider eligibility, and institute transparent negligence compensation formulas.

Recommendations: Reform Act 650 to support increased appropriate use of AI healthcare services, protect patients undergoing automated diagnosis/treatment, and clarify liability rules for medical negligence incidents relating to AI.

Novelty & Significance: First extensive analysis focused on opportunities for Ghana’s health insurance framework to catalyze equitable diffusion of advanced AI therapeutics and address emerging legal challenges and safety risks as automated medicine advances.