Artificial Intelligence & Machine Learning , Next-Generation Technologies & Secure Development
Who Will Take the Lead in Setting Healthcare AI Regulations?
Attorney Betsy Hodge on State, Federal Regulatory Trends in AI Tech
It's yet to be determined whether a handful of states or the federal government will lead the charge in adopting comprehensive regulations involving the use of artificial intelligence in healthcare, said regulatory attorney Betsy Hodge, a partner in law firm Akerman.
"California has several bills pending in the legislature addressing AI - not necessarily specific to healthcare, but some of those bills will affect healthcare entities and their use of AI and what they might be required to disclose in the interest of transparency," she said.
A few other states, including Utah and Colorado, have passed recent AI bills, Hodge said.
"So, will the states be leading the charge, or will Congress and the U.S. Department of Health and Human Services? HHS has promoted the FAVES principles - that AI be fair, appropriate, valid, effective and safe," she said. "But right now those are principles - and they don't have the force of law. So we're waiting to see what happens at the federal level. And given that we are close to an election, it seems doubtful that there will be much activity at the federal level yet this year."
In this audio interview with Information Security Media Group (see audio link below photo), Hodge also discussed:
- Various efforts underway by HHS as well as some states, including New York, to implement rigorous cybersecurity regulations for healthcare sector entities;
- Other health data privacy and security regulatory and legislative issues to watch in the months ahead;
- Steps healthcare organizations should take to reduce cybersecurity risks involving critical third-party vendors.
Hodge is a partner in law firm Akerman's healthcare and data privacy practices. She focuses on compliance and regulatory issues affecting healthcare providers, payers and employer-sponsored health plans. Hodge is also the chair of the American Health Law Association's Health and Information Technology Practice Group and an author and frequent speaker on healthcare law.
