Report 2626

The Artificial Intelligence of ChatGPT that has given so much talk in recent days became the tool with which a judge of the First Labor Court of the Cartagena Circuit resolved a guardianship action.
The guardian family demanded that the EPS Salud Total exonerate Salvador Espitia, a minor who was born with autism spectrum disorder, from collection of the moderating fee for medical appointments and therapies, as well as authorizing the payment of transportation from the residence to the place of the therapies, since the parents do not have the economic resources to pay for these expenses.
Juan Manuel Padilla García, the judge who handled the case, sheltered by Law 2213 of 2022 that allows the adoption of information technology measures in judicial proceedings, decided to include some concepts in the guardianship resolution which was returned by ChatGPT.
The platform answered questions such as whether the minor should be exempted from the moderator fee, if charging it to the minor's family was a barrier to access to health and if the Constitutional Court had already made decisions in favor of Similar cases. These were the responses of Artificial Intelligence, according to the summary published by the Cambio portal:
Autistic minor is exempt from paying moderator fees in their therapies?
ChatGPT response: “Yes, that is correct. According to the regulations in Colombia, minors diagnosed with autism are exempt from paying moderator fees in their therapies. This benefit is regulated by Law 1753 of 2015 and applies to all institutions that provide public or private health services that receive resources from the general social security health system.
Is demanding the moderating fee in these cases a barrier to accessing the health service?
ChatGPT: "Yes, in some cases, the requirement to pay moderator fees can be a barrier to accessing health services for people diagnosed with autism, especially if they have difficulties obtaining income or if their economic situation is precarious . The requirement to pay moderating fees can prevent or hinder access to essential treatments and therapies for the well-being and development of children with autism.
Has the jurisprudence of the Constitutional Court made favorable decisions in similar cases?
ChatGPT: “Yes, that's right. The Constitutional Court of Colombia has made favorable decisions in similar cases related to the exoneration of moderator fees for people diagnosed with autism. The jurisprudence has recognized the importance of guaranteeing access to essential health services for people with autism, and has held that the requirement to pay moderating fees can be a barrier to accessing these services.
The sentence was the subject of analysis by Juan David Gutiérrez, an associate professor at the Universidad del Rosario, who questioned the use of Artificial Intelligence, as he argues that it has data verification problems and can also return inaccurate or even false results.
“It is not that generative AI, such as ChatGPT, cannot be used to perform activities associated with writing, but it is certainly not responsible or ethical to use ChatGPT as intended by the Judge in the sentence in question. The digital literacy of users is urgently needed. judges”, said the teacher on his social networks.
The teacher also checked the answers by asking ChatGPT the same questions that appear in the sentence and the program returned different answers. Likewise, when he asked for a history of sentences, he assures that Artificial Intelligence invented one and another addresses a different subject.