Manatt’s new Health AI Policy Tracker identifies key federal and state AI policy activity most relevant to the health care industry. The tracker currently reflects federal legislative and regulatory activity to date related to AI, and state legislative activity introduced between January 1 and March 31st, 2024. The tracker is updated quarterly and will be refreshed at the end of Q2 (June 2024).

The AI legal and regulatory landscape is rapidly evolving as federal and state policy makers work to determine how AI should be regulated to balance its transformative potential with concerns regarding safety, security, privacy, accuracy, bias. Initial efforts have focused on improving transparency between the developers, deployers and users of AI technology.While there is currently no federal law specifically governing AI, the White House and several federal agencies have begun or are expected to propose laws and regulations to govern AI. 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), Federal Trade Commission (FTC) and others have begun or are expected to propose laws and regulations to govern AI. We expect a flurry of activity in the second half of 2024 and beyond as deadlines included in President Biden’s Executive Order on responsible AI approach and pass. (an overview of the Executive Order can be found here).

Click here to download a state-by-state overview map with more information.

Full results of our new AI Policy Tracker are available through Manatt on Health, Manatt’s legal and health policy subscription service covering the topics and trends that are transforming health care. Findings will be updated quarterly. For more information, contact Barret Jefferds.