Eleanor T. Chung and Stuart M. Gerson, attorneys the Health Care & Life Sciences practice, in the firm’s Washington, DC, office, co-authored a peer-reviewed article in The Sedona Conference Journal, Volume 2026, titled “Artificial Intelligence in Healthcare: A Survey of Federal and State Laws.”
For complimentary access to the article, visit the Sedona Conference website.
Following is a summary:
Healthcare executives face a rapidly evolving legal landscape as artificial intelligence integration accelerates across the industry, with comprehensive state-level regulations emerging to fill the federal regulatory vacuum. This authoritative analysis examines critical AI legislation from thirteen states, revealing mandatory disclosure requirements for AI-powered patient communications, strict human oversight mandates for utilization review decisions, and significant penalties ranging from professional license sanctions to civil fines exceeding $250,000. Key compliance challenges include California's AI communication disclosure requirements, Colorado's comprehensive risk management frameworks, and emerging restrictions on AI decision-making in prior authorization processes across multiple states. With enforcement mechanisms varying from administrative penalties to criminal charges, healthcare organizations must navigate complex compliance obligations while federal preemption remains absent, creating a patchwork of state regulations that directly impact operational protocols, patient care delivery, and financial risk exposure. Stay ahead of these critical regulatory developments and protect your organization from costly compliance failures.
