Kyle Faget Comments on DOJ Scrutiny of AI in Medical Treatment Recommendations

Foley & Lardner LLP partner Kyle Faget is quoted in the Bloomberg Law article, “DOJ’s Healthcare Probes of AI Tools Rooted in Purdue Pharma Case,” commenting on the U.S. Department of Justice’s scrutiny of the health care industry’s use of artificial intelligence that prompts doctors to recommend treatments.

“It is very ripe for enforcement because any slight manipulation of the inputs or the outputs of AI that have a consequence for clinical decision making” can be “an absolute boon for you as a manufacturer of pharmaceuticals or medical devices,” explained Faget, who is co-chair of Foley’s Health Care Practice.

“The predictive AI may be able to tell you, ‘hey, these patients are all at risk for x, y, and z, and that should influence their care plan in the following ways. I think that’s the world we’re headed toward,” Faget added. “But again, you have to be so careful about the inputs—what are the questions that you’re asking to get that end result, and are the assumptions correct?”