Foley Attorneys Discuss Regulatory Hurdles for AI in Health Care

Foley & Lardner LLP partners Kyle Faget and Jennifer Urban and associate Avi Ginsberg are quoted in the LexisNexis article, “State Legislators Look to Regulate Use of AI in Healthcare,” discussing the regulatory challenges of artificial intelligence in health care.

“Rather than a uniform law governing AI technologies, certain aspects of these technologies are governed by a patchwork of laws and regulations,” wrote Urban, co-chair of the firm’s Cybersecurity & Data Privacy Practice Group, and Ginsberg in Foley’s Health Care Law Today blog, quoted in the article.

“The resulting current regulatory framework is complex and may vary based on several factors including types of data implicated, geographic location, use case, and technical implementation,” they continued.

Faget, who is the co-chair of the firm’s Health Care Practice Group, said that regulators are still trying to adapt to the use of AI in health care, particularly at the U.S. Food and Drug Administration.

“I think this is the hot issue in healthcare right now,” Faget added. “No question about it.”