George B. Breen, Member of the Firm in the Health Care & Life Sciences and Litigation practices and Chair of the firm’s National Health Care & Life Sciences Practice Steering Committee, in the firm’s Washington, DC, office, was quoted in Law360, in “Health Tech Boom in 2020s Will Test Fraud, Privacy Laws,” by Jeff Overley. (Read the full version – subscription required.)
Following is an excerpt:
The brave new world of high-tech health care — marked by drug-delivery drones and cancer-spotting artificial intelligence systems — will stretch the boundaries of anti-fraud statutes, patient privacy laws and health insurance reimbursement in the 2020s, attorneys predict.
Law360recently asked lawyers at numerous firms how the practice of health law might change in the decade ahead, and the most frequent forecast by far was that new health care technology will spawn new theories of legal liability and perhaps force policymakers to reboot important laws and regulations. …
Fraud Scrutiny Looms for New Tech Tools
One of the biggest emerging realities is the spread of artificial intelligence tools. AI is often the secret sauce in so-called clinical decision support software that lends a helping hand to doctors, and the U.S. Food and Drug Administration has scheduled a public workshop for Feb. 25-26 to explore the risks and benefits of AI in medical imaging.
George Breen, an Epstein Becker Green member, told Law360 that artificial intelligence may soon be targeted under anti-fraud laws, with plaintiffs potentially arguing that products aren’t delivering on lofty promises.
“There will be certification issues related to the use of AI, and there will be arguments by some that the certification wasn’t accurate,” Breen said. …
Lawyers are also increasingly fretting about fraud liability for cybersecurity failings.
Attorneys say that similar FCA cases involving health care now look practically inevitable. …
“We’ve only seen the tip of the iceberg,” Breen said.
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