AI Tipping Point, Legal Updates, and More: 5 Things to Know This Week
By Jennifer Hanscom
Not surprisingly, at last week’s meeting of the American Association of Medical Society Executives, I heard a lot of conversation-and some concern-about artificial intelligence in healthcare and in our workplaces. I’m sure that’s top of mind for our members, as well. I imagine many of you are likely including a variation of this phrase as you greet your patients: “Hello, I am using a tool to help me do my notes. It is recording our conversation and creates my notes automatically, and I can focus on our discussion instead of typing in the room. Is that okay with you?”
As the “I” in AI gets smarter, we’re getting more comfortable with its presence. But even so, according to the consulting firm KPMG, the public’s trust in AI is low even with high usage rates. Globally, despite 66% of people using AI regularly, only 46% trust such systems. When it comes to AI in health, studies show that patients are cautiously optimistic but highly sensitive to transparency, bias, and clinician oversight.
That and many other things are top of mind here at the WSMA. Among them, these are my top five for today.
How is AI affecting your practice? Take our survey. As a physician-led, patient-focused organization, we always strive to better understand the issues that matter most to you. We invite you to take a few minutes to complete this WSMA member survey and share your thoughts on the use of AI by patients and physicians, as well as the separate issue of how satisfied you are with the day-to-day practice of medicine. Your perspective matters and your insights will help shape our advocacy on your behalf. Thank you in advance for your time responding to the survey!
Here’s a late-breaking AI-related update: The WSMA was recently part of an amicus brief in a case where a patient was suing to compel disclosure of the recording of one of their visits captured by ambient AI. Thankfully, the judge denied the plaintiff’s petition. We expect to have more information to share on the topic in August when we get the judge’s signed order, but we breathed a collective sigh of relief when he held as a matter of law that the Dax recording was used for administrative purposes only and thus not subject to disclosure to a patient under Washington’s Uniform Health Care Information Act. I will share more soon.
Speaking of lawsuits…
MultiPlan litigation update
As I’ve reported previously, the WSMA is a plaintiff in the IN RE: MultiPlan Health Insurance Provider Litigation, a federal antitrust case alleging that MultiPlan and major health insurers colluded to suppress out-of-network reimbursement rates paid to physicians and clinicians. The WSMA is seeking an immediate end to this anticompetitive conduct.
On June 24, Judge Matthew Kennelly denied the defendants’ motion to amend their pleadings to assert an “unclean hands” defense. The defendants sought to allege that improper billing practices by the plaintiffs inflated the reimbursement amounts they bill to the payors, and that the plaintiffs are barred from bringing antitrust claims as a result. Judge Kennelly rejected the defendants’ request, ruling that defenses like “unclean hands” can’t be used to hinder enforcement of federal antitrust law.
At the June 26 case management conference, Judge Kennelly granted a motion by several bellwether plaintiffs to name additional alleged co-conspirators as defendants. The parties and Judge Kennelly also discussed the ongoing exchange of evidence from the defendants and scheduling orders for upcoming deadlines, source code production, and trial dates.
The case remains in active discovery, with the 36 bellwether plaintiffs continuing to have their cases worked up for trial. However, any member who wants to file a case still can do so. Members who believe they’ve been impacted by MultiPlan’s practices are encouraged to reach out to an attorney. More information can be found on our website: WSMA Joins MultiPlan Antitrust Litigation.
U.S. Supreme Court reaffirms right to birthright citizenship
In late June, we learned that the U.S. Supreme Court reaffirmed the constitutional right to birthright citizenship in the U.S. (Trump v. Barbara). In early 2025, when President Donald Trump first issued his executive order, the WSMA joined the Washington State Hospital Association in filing an amicus brief in the Ninth Circuit Court supporting Washington’s state’s challenge to the order, noting the dire consequences to patients and the healthcare system. The Supreme Court’s decision in Trump v. Barbara ultimately reached the same conclusion and produced the outcome WSHA and WSMA sought as amici. This is another example of WSMA living its mission to provide strong physician leadership and advocacy to shape the future of medicine and advance quality care for all Washingtonians.
Call for Rural Regional Section delegates to the WSMA HOD
If you want to help shape WSMA’s advocacy agenda, consider serving as a delegate or alternate delegate in the WSMA’s policymaking body, the House of Delegates. All county medical societies, state specialty societies, and special sections have representation at the HOD. Additionally, we now have a new Rural Regional Section.
The WSMA is seeking volunteers from the Rural Regional Section to serve as delegates or alternate delegates at the 2026 Annual Meeting of the WSMA House of Delegates. The application deadline has been extended to July 31 at 5 p.m. Eligible members need to live or work in one of 20 rural Washington counties without local county medical society representation.
The Rural Regional Section will have seven delegates and seven alternate delegates who will help shape WSMA policy, vote on resolutions, elect leadership, and participate in the House of Delegates meeting Sept. 26-27 at Spokane’s Historic Davenport Hotel.
To volunteer, applicants must submit their name, specialty, city, and a 100-200-word statement describing how they would represent rural members to Susanna Waldman. If more volunteers apply than there are available positions, section members will vote to select delegates and alternates. The initiative aims to strengthen the voice of rural healthcare professionals within the WSMA.
Win a day in Olympia with the WSMA (and support our PAC)
While the House of Delegates sets policy and direction for the WSMA, the WSMA must work within the confines of the political environments in Washington state and Washington, D.C. That is why elections and relationships with legislators, policymakers, regulators, the governor, and our congressional leaders are so important. If you want a peek into this world-Olympia, in particular-consider this fun opportunity to support our advocacy efforts and get a behind-the-scenes look at how we build relationships and represent WSMA policy and the profession’s interests in our state capital.
The WSMA is encouraging physicians to support WAMPAC, its nonpartisan political action committee, during the 2026 midterm election season. Anyone who contributes at least $100 by Tuesday, Aug. 4, will be entered into a contest, with the 26th eligible donor winning a behind-the-scenes day in Olympia during the 2027 legislative session. Contribute on the WSMA website.
The winner will accompany WSMA’s government affairs team, observing activities such as meetings with legislators, committee hearings, and other aspects of the policymaking process. The prize also includes travel to and from Olympia, a one-night hotel stay, and meals. The winner will be announced in the Aug. 7 edition of the WSMA Advocacy Report.
WAMPAC supports political candidates whose priorities align with the physician community, helping advance WSMA’s legislative advocacy and ensuring physicians have a voice in state policymaking. Your contributions before the contest deadline will support these efforts-and may make you a winner.
Your engagement and leadership make all the difference in our work on your behalf. Thanks for all you do!
Jennifer Hanscom is WSMA’s CEO.