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Manatt Health: Health AI Policy Tracker

The purpose of this quarterly tracker is to identify key federal and state health AI policy activity. Below reflects federal legislative and regulatory activity to date related to AI, and state legislative activity introduced between January 1 and March 31st, 2024.

HIPAA Enforcer Updates Guidelines on Online Tracking Amid Calls for Clarity: Key Takeaways

On March 18, 2024, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) updated its December 2022 guidance for HIPAA-regulated entities regarding the use of online tracking technologies on websites and apps.

The FDA and the Future of AI Oversight

In January 2024, the U.S. Government Accountability Office (GAO) issued a report highlighting current obstacles to the U.S. Food and Drug Administration’s (FDA) timely and effective regulation of artificial intelligence (AI) and machine learning (ML) in medical devices and other emerging health care technologies (GAO...

FTC and HHS Send Letter Warning of Risks From Online Tracking Technologies

On July 20, 2023, the OCR at the HHS and the FTC sent a joint letter to approximately 130 hospital systems and telehealth providers to alert them to the “serious privacy and security risks” stemming from the use of online tracking technologies integrated into their websites and mobile apps.

Five Takeaways From the U.S. Senate Subcommittee on Intellectual Property’s AI and Copyright Hearing

On July 12, 2023, the U.S. Senate Committee on the Judiciary’s Subcommittee on Intellectual Property held its second hearing on artificial intelligence (AI) and intellectual property (IP).

FTC’s Proposed New Rule Prohibiting Fake Reviews and Testimonials

The Federal Trade Commission (FTC or Commission) has proposed a trade regulation rule to prohibit marketers from using deceptive practices in their product reviews and testimonials.

Climate Disclosures: California Mandates Advance in Legislature with Modest Reprieve

Two proposed California laws that would mandate disclosure of climate-warming emissions and organizational “risk” related to climate change moved closer to Governor Newsom’s desk.

FCC Proposes Revocation Rules

The Federal Communications Commission (FCC) has published a new Notice of Proposed Rulemaking (NPRM) focused on the issue of revocation, seeking “to clarify and strengthen consumers’ ability to revoke consent to receive both robocalls and robotexts,” as well as “callers’ obligations under the Commission’s rules to honor such requests in a timely manner.”

National Advertising Review Board Recommends That JBS Discontinue Net Zero Claims

The National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, has recommended that JBS USA Holdings, Inc., discontinue claims regarding its goal of achieving net zero emissions by 2040.

EEOC Takes On Title VII and AI

Adding to the growing commentary on artificial intelligence (AI) in the employment context, the Equal Employment Opportunity Commission (EEOC) recently issued a technical assistance document.