Manatt Unveils Health Artificial Intelligence Policy Tracker

Manatt’s new Health AI Policy Tracker is a tool that identifies the most important federal and state policy activity related to AI in the health care industry. The tracker currently covers federal legislative and regulatory activity up to the present date, as well as state legislative activity introduced between January 1 and March 31, 2024. Updates to the tracker will be made quarterly, with the next update scheduled for the end of Q2 (June 2024).

The legal and regulatory landscape surrounding AI is rapidly changing as policymakers at both the federal and state levels seek to establish regulations that balance the transformative potential of AI with concerns about safety, security, privacy, accuracy, and bias. While there is currently no federal law specifically governing AI, the White House and several federal agencies are in the process of proposing regulations to govern its use. Entities like the Office of the National Coordinator for Health Information Technology (ONC), Centers for Medicare and Medicaid Services (CMS), Office of Civil Rights (OCR), Food and Drug Administration (FDA), Department of Justice (DOJ), and Federal Trade Commission (FTC) are all working on proposed laws and regulations related to AI. Activity in this area is expected to increase in the second half of 2024 and beyond, with deadlines set by President Biden’s Executive Order on responsible AI.

For a state-by-state overview map with more details, click here. The full results of Manatt’s AI Policy Tracker are available through Manatt on Health, a subscription service covering legal and health policy issues shaping the health care industry. Updates to the tracker will be available quarterly. For more information, contact Barret Jefferds.