Health care partner David Peloquin and health care associate Jake Fulton co-authored an article in the American Health Law Association’s Health Law Weekly on navigating the regulatory landscape for agentic AI in the health care industry.
The article provides a definition of agentic AI and surveys a variety of health care industry usage cases in both clinical and administrative applications. It then discusses the legal and regulatory responses to these developments in the US, detailing efforts to seek federal preemption of nearly all state AI laws as states continue to enact laws regulating AI to address many concerns including health, safety, consumer protection, and civil rights.
The article considers potential enforcement actions on the horizon, as well as future industry guidance from state medical boards and other stakeholders, and concludes with commentary on how health care industry stakeholders can build AI governance structures and update workflows to maintain compliance and flexibility as the AI regulatory landscape evolves.
The article was co-authored by Hillary Noll Kalay, managing counsel at the University of California’s Office of General Counsel in Oakland, California and Allison Trimble, associate general counsel for BJC Health System.
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