Those following artificial intelligence (AI) legal developments are closely watching California, which currently has four bills pending the Governor’s signature that will impact AI development and use. California is at the...more
9/24/2024
/ Artificial Intelligence ,
California ,
Disclosure Requirements ,
Health Care Providers ,
Healthcare ,
Legislative Agendas ,
Machine Learning ,
Regulatory Agenda ,
Risk Mitigation ,
Technology ,
Transparency
The Centers for Medicare & Medicaid Services (CMS) released its annual proposed rule updating the Medicare Physician Fee Schedule (MPFS) for calendar year (CY) 2025....more
8/12/2024
/ Centers for Medicare & Medicaid Services (CMS) ,
Digital Health ,
Health Care Providers ,
Healthcare ,
Medicare ,
Mental Health ,
Physician Fee Schedule ,
Physicians ,
Telecommunications ,
Telehealth ,
Telemedicine
Executive Summary -
Telehealth utilization spiked during the COVID-19 pandemic, facilitated by state and federal policy change implemented in response to the COVID-19 public health emergency (PHE) declaration. Utilization...more
Support for this work was provided by the New York Health Foundation (NYHealth). NYHealth’s mission is to improve the health of all New Yorkers, especially people of color and others who have been historically marginalized....more
2024: New Federal Developments -
There were no relevant federal developments during Q2 of 2024.
2024: New State-Level Developments...more
The flurry of AI-related activity has certainly begun. Earlier this week, the Department of Commerce’s National Institute of Standards and Technology (NIST) released new draft guidance to improve the safety, security and...more
Abstract Issue:
As states continue to enact new restrictions on abortion since the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, access to critical reproductive health and abortion care...more
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...more
4/24/2024
/ Artificial Intelligence ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Healthcare ,
Healthcare Reform ,
Innovative Technology ,
Life Sciences ,
Machine Learning ,
OCR ,
ONC ,
Proposed Regulation ,
Regulatory Agenda
Florida passed S.B. 7016, which:
Expands the telehealth minority maternity care program from a pilot to a statewide program....more
Background and Objectives
• In August 2023, the American Medical Association conducted a comprehensive study of physician’s sentiments towards the use of augmented intelligence (AI) in health care including current use...more
Background -
Telehealth utilization spiked during the COVID-19 pandemic, facilitated by state and federal policy change through the COVID-19 public health emergency (PHE) declaration. Use has tapered off from the height...more
3/28/2024
/ Coronavirus/COVID-19 ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Healthcare Facilities ,
Healthcare Reform ,
Licensing Rules ,
Medical Reimbursement ,
Patient Access ,
Public Health Emergency ,
Telehealth ,
Telemedicine
Last week, Utah governor Spencer Cox signed into law Utah Senate Bill 149 (SB 149), also known the Artificial Intelligence Policy Act (the AI Policy Act). This is the first comprehensive state law on AI in the U.S., creating...more
The use of augmented intelligence (AI) in medicine has been increasingly used to develop cancer prognoses, respond to patient messages, predict adverse clinical events and recommend optimal staffing volumes in radiology,...more
2023 was a difficult year for specialty value based care start-ups. Revenue fell below expectations, engagement lagged and many start-ups struggled. Health system work in this arena was modest despite a critical mass of...more
With the recent announcements of two new innovation models, the Centers for Medicare & Medicaid Services (CMS) is recognizing the role of digitally enabled care in improving access and outcomes.
...more
3/11/2024
/ Centers for Medicare & Medicaid Services (CMS) ,
Children's Health Insurance Program (CHIP) ,
CMMI ,
Electronic Protected Health Information (ePHI) ,
Funding Opportunities ,
Health Information Technologies ,
Health Insurance ,
Healthcare ,
HITECH Act ,
Medicaid ,
Mental Health ,
Substance Abuse
The health care industry, like most industries, is exploring how to reap the benefits of increasingly powerful artificial intelligence-based technologies while managing the risks they pose. Federal and state policymakers are...more
1/30/2024
/ Artificial Intelligence ,
Bias ,
Discrimination ,
Georgia ,
Health Care Providers ,
Healthcare ,
Innovative Technology ,
Life Sciences ,
Machine Learning ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Reform
S. 3430: Better Mental Health Care, Lower-Cost Drugs, and Extenders Act of 2023 Introduced December 7, 202-
This bill would require the Secretary of Health and Human Services to:
Establish requirements for a code or...more
12/15/2023
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Healthcare Reform ,
Physician Fee Schedule ,
Prescription Drug Coverage ,
Proposed Legislation ,
Regulatory Agenda ,
Telehealth ,
Telemedicine
Background Three years following the onset of the COVID-19 public health emergency (PHE), states across the United States continue to enact permanent changes to telehealth laws that impact how physicians and other health care...more
Changes to the Medicare Telehealth Services List Structure and Updates Process -
Prior to the COVID-19 public health emergency (PHE), the Centers for Medicare & Medicaid Services (CMS) evaluated changes to the Medicare...more
11/14/2023
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Final Rules ,
Health Care Providers ,
Health Insurance ,
Health Technology ,
Medicare ,
Opioid ,
Patient Access ,
Physician Fee Schedule ,
Physicians ,
Public Health Emergency ,
Rural Health Care Providers ,
Telehealth ,
Telemedicine
Three years following the onset of the COVID-19 public health emergency (PHE), states across the United States continue to enact permanent changes to telehealth laws that impact how physicians and other providers can deliver...more
11/9/2023
/ Abortion ,
American Medical Association ,
Health Care Providers ,
Health Insurance ,
Healthcare Reform ,
Legislative Agendas ,
Medical Reimbursement ,
Physicians ,
Popular ,
Telehealth ,
Telemedicine ,
Webinars
The COVID-19 pandemic catalyzed a dramatic rise in the use of telehealth nationwide to deliver health care services to Medicaid and Children’s Health Insurance Program (CHIP) enrollees. In response to the health crisis, both...more
10/18/2023
/ Best Practices ,
Children's Health Insurance Program (CHIP) ,
Coronavirus/COVID-19 ,
Data Collection ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Healthcare Reform ,
Medicaid ,
North Carolina ,
Telehealth ,
Webinars
Editor’s Note: In a new issue brief published by the Milbank Memorial Fund and summarized below, Manatt Health and leadership from the North Carolina Department of Health and Human Services (NC DHHS) share insights into...more
10/13/2023
/ Children's Health Insurance Program (CHIP) ,
Coronavirus/COVID-19 ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Medicaid ,
North Carolina ,
Pandemic ,
Public Health Emergency ,
Telehealth ,
Telemedicine
S. 2880: A bill to amend title XVIII of the Social Security Act to expand the scope of practitioners eligible for payment for telehealth services under the Medicare program, and for other purposes....more
10/2/2023
/ Coronavirus/COVID-19 ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Healthcare Reform ,
Infectious Diseases ,
Legislative Agendas ,
Medicare ,
New Legislation ,
Patient Access ,
Proposed Legislation ,
Regulatory Agenda ,
Telehealth ,
Telemedicine
Introduction -
The COVID-19 pandemic catalyzed a dramatic rise in the use of telehealth nationwide to deliver services to individuals enrolled in Medicaid and the Children’s Health Insurance Program (CHIP). The federal...more
9/27/2023
/ Children's Health Insurance Program (CHIP) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medicaid ,
Patient Access ,
Public Health Emergency ,
Standard of Care ,
Telehealth ,
Telemedicine
Payment Parity: Permanent State Laws and Statutes -
Payment Parity requires that health care providers are reimbursed the same amount for telehealth visits as in-person visits. During the COVID-19 pandemic, many states...more
8/31/2023
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Data Collection ,
DEA ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Medicaid ,
OIG ,
Public Health Emergency ,
Telehealth ,
Telemedicine