Rachel Snyder Good, Strategic Counsel, and Lynn Shapiro Snyder, Member of the Firm, in the Health Care & Life Sciences practice, were quoted in Inside Health Policy, in “Texas AG, Generative Health AI Company Settle Amid Misleading Advertising Allegations,” by Christian Robles. (Read the full version – subscription required.)

Following is an excerpt:

Last Wednesday (Sept. 18), the Texas Attorney General announced it reached a “first-of-its-kind” settlement with artificial intelligence health technology company Pieces Technologies amid allegations that at least four major Texas hospitals used a Pieces Technologies generative AI product that was less accurate than advertised. ... 

Lawyers told Inside Health Policy the settlement could encourage policymakers to push for a network of AI assurance labs that would screen AI tools and new regulations.

“This type of settlement about marketing accuracy relating to an AI tool’s capability demonstrates the need for a reliable place where health care AI tool vendors and consumers can test these tools from time to time,” wrote Rachel Snyder Good, strategic counsel at Epstein Becker & Green. …

Lynn Shapiro Snyder, member at Epstein Becker & Green, noted that a new aspect of the Assurance of Voluntarily Compliance is that it calls for health care AI vendors to provide metric capability disclosures that are not only accurate but also “clear and conspicuous” or easily understandable by everyday people.

Ultimately, the settlement between the Texas AG and Pieces Technologies means health AI developers and deployers should consider establishing a dedicated compliance program for how AI tools are marketed as stakeholders await possible new state and federal health AI laws, Snyder said.

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