AI notice for IME examinees: wording you can copy
Short version: give every examinee a short written notice with the appointment letter and repeat it in 3 sentences at check-in, before the history. Say who requested the exam, that software organizes the records, that the physician forms every opinion, and how to ask questions or object. Keep it plain, short and visible; no fine print.
Limits: This site gives templates and a process, not legal advice. We read the rules it cites on 2026-11-12; your state, your requesters' contracts and your counsel decide what your practice must do.
What the notice has to do
An IME examinee did not choose you, will not be treated by you, and may be wary of anything that sounds like a machine deciding their claim. The notice has 4 jobs, and each comes from a source you can cite:
- Name the relationship first. AMA Opinion 1.2.6 asks examiners to disclose that they act for the employer or third party before gathering health information, and to explain how the role differs from treating care. The AI line rides on that existing disclosure.
- Say when and how software is used. The FSMB's April 2024 policy says physicians should disclose to patients when and how AI is used and how patient data is used and shared.
- Keep it short. The AMA's November 2024 AI principles say disclosure should not add administrative burden, and that disclosure is not the same as informed consent.
- Make it visible. Where Texas Business and Commerce Code 552.051 applies (in force 2026-01-01), the disclosure must be clear and conspicuous, in plain language, free of dark patterns, and given no later than the date the service is first provided. A hyperlink to a separate page is allowed.
Texas defines health care services to include the diagnosis of an impairment by a licensed person. An IME assesses impairment, so we treat the Texas rule as reaching IMEs. We found no ruling either way. Other states differ; ask counsel which apply to you.
Version 1: the line for the appointment letter
2 sentences plus a contact line. Put it in the body of the letter, not in a footer.
[PRACTICE NAME] uses software, including artificial intelligence (AI), to organize the medical records sent to us for your examination. Dr. [NAME] reviews the records, examines you and writes every opinion in the report; the software does not make decisions about you or your claim. Questions or concerns: [PHONE] or [WEB PAGE].
Version 2: the full written notice
Send it with the appointment letter or post it at the web address in Version 1. Fill the brackets from the referral, and delete any sentence your vendor contract does not support.
About your examination and the software we use
You have an appointment for an independent medical examination (IME) with Dr. [NAME] on [DATE] at [LOCATION]. [REQUESTER, for example "your employer's workers' compensation insurer"] asked for this examination. Dr. [NAME] is not your treating doctor and will not treat you. The report goes to [REQUESTER] and to others only as the law allows.
How we use software. [REQUESTER] sends us medical records about you. We use software, including artificial intelligence (AI), to put those records in date order, remove duplicate pages, and show where each fact appears. The software may also help prepare a first draft of parts of the report from Dr. [NAME]'s own notes.
What the software does not do. It does not examine you, decide anything about your claim, or form any medical opinion. Dr. [NAME] reviews the records the opinions rely on, examines you, writes every opinion and signs the report.
Who sees your information. The software company works for us under a written agreement that requires it to protect your health information as federal privacy law requires. Our agreement does not allow it to use your records to train its software.
Your questions and choices. You can ask us about the software at any time at [PHONE] or [EMAIL]. If you do not want software used on your records, tell us before your appointment and we will prepare your file without AI tools. If that changes the appointment date, we will tell you and [REQUESTER].
Version 3: the check-in script
Read before the history starts, by the coordinator or the physician. It takes under 30 seconds.
"Before we start: Dr. [NAME] is examining you at the request of [REQUESTER] and is not here to treat you. We use software to organize your medical records. The doctor reviews the records, does the examination and writes every opinion. Do you have any questions about that before we begin?"
Then note in the log that the notice was read, and any question asked.
Answers to the questions examinees ask
| If the examinee asks | Answer with |
|---|---|
| "Is a computer deciding my claim?" | "No. The software sorts the records. Dr. [NAME] writes every opinion and signs the report, and the [insurer or judge] makes decisions about the claim." |
| "Who else sees my records?" | "The requester who sent them, our office, and the software company, which is bound by a written privacy agreement with us." |
| "Can I say no to the software?" | "Yes. Tell us and we will prepare your file without it. If that affects the date, we will let you know." |
| "Are you recording this exam?" | Answer truthfully for your office: "[We do not record examinations]" or "[We use a dictation tool for the doctor's notes; it is covered by the same privacy agreement]." |
| "Will the AI see my exam results?" | "Only if the doctor uses it to draft from their notes. The doctor reviews and edits every sentence." |
When and how to give it
| Moment | Version | Who | What goes in the log |
|---|---|---|---|
| Appointment letter mailed or emailed | Version 1 in the body, Version 2 attached or linked | Intake coordinator | Date sent and how |
| Reminder call or text | 1 sentence: "The notice about the software we use is in your letter." | Scheduler | Nothing extra |
| Check-in, before the history | Version 3 read aloud | Coordinator or physician | "Notice read" and any questions |
| Interpreter present | Version 3 through the interpreter | Physician | Interpreter's name and language |
| Telehealth or record-only review | Version 1 in the confirmation, Version 2 linked | Intake coordinator | Date sent |
For a record review with no examination and no contact with the person, there is no encounter at which to read a script. Whether a written notice is still owed depends on your state and the requester; decide it with counsel and write the answer into the policy.
If the examinee objects
- Thank them and confirm the objection covers this file only, or any future file too.
- Tell the owner physician the same day.
- Mark the case "no AI" in the case system and in the log, so nobody uploads it later by habit.
- Prepare the file by hand. If the deadline moves, tell the requester the reason in neutral words: "the examinee asked that software not be used on the records."
- Do not argue the point or suggest the exam depends on agreement. Pressure is the opposite of the plain, no-dark-pattern notice the rules ask for.
Wording to avoid
| Avoid | Why | Say instead |
|---|---|---|
| "Our AI ensures an accurate report" | A promise you cannot keep, and it suggests the software is the expert | "The doctor reviews the records and writes every opinion" |
| "By attending, you consent to AI processing" | Buried consent reads as a dark pattern, and an IME examinee may feel unable to refuse | "If you do not want software used on your records, tell us" |
| "Your data may be processed by third-party machine learning systems" | Not plain language; it hides who and why | "The software company works for us under a written privacy agreement" |
| "The report was generated by AI" | Wrong if the physician wrote the opinions, and it invites challenge | "Software helped organize the records and draft parts of the report from the doctor's notes" |
| Notice placed only in the website footer | Not conspicuous | Body of the appointment letter plus the check-in script |
The report itself needs its own wording, which is on the report disclosure page. The policy section that makes the notice mandatory is section 7 of the policy template.