Board Oversight of AI in Health Care: New Technology, Familiar Duties By Tracy E. Miller (Brach Eichler LLC) and Charles E. Binkley (Hackensack Meridian Health)
Date Published: 10/26/2026
Published in AHLA Health Law Weekly
Artificial Intelligence (AI) has initiated a transformative period in health care delivery, bringing unique ethical and legal obligations owed to patients and how these apply to AI-enabled clinical care and operations. While health systems have used early forms of AI for decades, more powerful tools—such as machine learning and agentic AI—pose new demands in assessing potential benefits and risks.
The far-reaching changes prompted by AI call upon boards of directors to exercise their fiduciary duty of oversight. In overseeing AI, boards will be held to long-established legal standards and expectations, including the duty of care, duty of loyalty, and duty of obedience to mission. As boards embrace AI amid the uncertainties of expansive opportunity and risk, the business judgment rule provides broad latitude, but effective stewardship requires examining how board education, committee structures, and reporting should be refashioned.
Key areas addressed in the article include:
Building Blocks of Board Oversight: Establishing core AI fluency and continuous education, assessing committee composition and reporting cadence, and maintaining an updated roadmap of current AI uses across the organization.
Mission & Strategic Alignment: Setting priorities aligned with organizational values and safeguarding patient trust, clinician engagement, and workforce culture.
Leadership & Accountability: Delineating board oversight from day-to-day management and leveraging multi-disciplinary AI Governance Committees.
Evaluating ROI & Risk: Assessing tangible and intangible returns (such as clinician well-being and retention) alongside risks to patient safety, data governance, cybersecurity, regulatory compliance, and liability.
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As health systems, physician practices, and healthcare organizations integrate AI into clinical care and operations, proactive board oversight is essential to mitigate liability, protect patient trust, and align innovation with core mission.
To discuss AI governance structures, risk mitigation strategies, or healthcare compliance for your board or executive leadership team, contact Tracy E. Miller at tmiller@bracheichler.com.
Related Practices: Healthcare Law
Related Attorney: Tracy E. Miller
Related Industry: Healthcare, Technology
