Conducting Effective Due Diligence to Manage Evolving AI Risks in Health Care Transactions
Foley senior counsel Marika Miller is speaking in Illinois Association of Healthcare Attorneys’ (IAHA) 44th Annual Health Law Symposium in the on-demand session “Conducting Effective Due Diligence to Manage Evolving AI Risks in Health Care Transactions.” This year’s Symposium program, entitled “Policy to Practice: Federal Healthcare Reform at the State Level,” explores how federal health care policies and reforms translate into state-level implementation, and the legal, regulatory, and operational challenges that arise along the way.
This presentation will explain why AI tools can pose outsized legal and regulatory risk and potential operational and integration hurdles for buyers in health care transactions and how buyers can conduct meaningful diligence to identify and mitigate those risks. The session will address AI embedded in telemedicine and digital health platforms, where AI use may implicate clinical workflows, patient-facing forms, prescribing-related considerations, and other health care regulatory issues. The session will also cover AI vendor arrangements, including data rights, exclusivity terms, risk allocation, and other contractual restrictions that may impact a buyer’s ability to integrate the target’s business into the buyer’s preferred technology, compliance, and AI governance framework.
