The healthcare industry is experiencing rapid changes in AI laws and regulations, as policymakers at both the federal and state levels seek to balance the potential benefits of AI with concerns about safety, security, privacy, accuracy, and bias. Efforts are being made to enhance transparency among AI developers, users, and deployers.

Although there is currently no federal law governing AI, the White House and various federal agencies are either implementing or expected to propose regulations to regulate AI. Agencies such as the ONC, CMS, OCR, FDA, DOJ, FTC, and others are among those expected to introduce laws and regulations governing AI. A surge of activity is anticipated in the latter part of 2024 and beyond to meet the deadlines outlined in President Biden’s Executive Order on responsible AI.

To help healthcare professionals stay up-to-date with these changes, Manatt has launched a new Health AI Policy Tracker that highlights significant federal and state policy developments relevant to the healthcare industry. The tracker currently focuses on federal legislative and regulatory activities related to AI as well as state legislative activities from January 1 to March 31, 2024. Updates are provided quarterly with the next update scheduled for the end of Q2 in June 2024.

In addition to providing updates on policy developments related to AI in healthcare