Leveraging Risk Management Frameworks For AI Solutions In Health Care

As recently described by The New England Journal of Medicine, the liability risks associated with using artificial intelligence (AI) in a health care setting are substantial and have caused consternation among sector participants. To illustrate that point:

“Some attorneys counsel health care organizations with dire warnings about liability and dauntingly long lists of legal concerns. Unfortunately, liability concern can lead to overly conservative decisions, including reluctance to try new things.”

“… in most states, plaintiffs alleging that […]

By | March 1st, 2024 ||

FTC Joins DOJ In Withdrawal Of Healthcare Antitrust Guidelines

The FTC has now joined the DOJ Antitrust Division in withdrawing guidance relating to antitrust enforcement in healthcare. In February, the DOJ announced its withdrawal of three antitrust policy statements relating to healthcare. As anticipated, five months later, on July 14, 2023, the FTC withdrew two of these policy statements. The withdrawn statements provided safety zones for mergers, participation in exchanges of price and cost information, accountable care organizations, and joint purchasing arrangements, as well […]

By | August 4th, 2023 ||

FTC And HHS Caution Hospitals And Telehealth Providers On Tracking Tech

This month, the Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights sent letters warning about privacy and security risks related to online tracking technologies used by hospitals and telehealth providers. These warnings continue the FTC’s increased focus on health data and could indicate further enforcement efforts in this area.

Specifically, on July 20, 2023, the FTC, in conjunction with HHS, sent letters to hospital systems and telehealth providers stating […]

By | August 2nd, 2023 ||