AI and Telehealth: Addressing Licensing, Informed Consent, Privacy, Liability, and Other Legal Challenges

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Health
- event Date
Tuesday, November 23, 2021
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide healthcare counsel on artificial intelligence (AI) in telehealth and the associated legal issues that arise. The panel will discuss the benefits and risks of AI in telehealth and offer best practices for navigating the legal challenges.
Faculty

Mr. Cohen practices in the firm’s nationally recognized Life Sciences practice. He counsels healthcare services, life sciences, and healthcare IT clients concerning compliance with the myriad laws and regulations governing the delivery of healthcare services such as the Anti-Kickback Statute, the Physician Self-Referral Law (the Stark Law), the False Claims Act, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Medicare and Medicaid rules and regulations, and laws governing reimbursement, licensure and certification. Mr. Cohen’s experience also includes extensive work on healthcare transactions, with deep experience assisting clients in transactions involving and providing counsel to health IT companies such as telemedicine providers and electronic health record, mobile health (mHealth), and digital health companies. In addition to his transactional work, Mr. Cohen has a long track record of successfully representing healthcare and life science clients in government investigations and litigation. Mr. Cohen is a Visiting Instructor at the Weill Cornell Graduate School of Medical Sciences where he teaches a class on healthcare law and is a frequent speaker at healthcare industry events and regularly publishes articles about healthcare law.


Ms. Otenaike counsels investors, hospitals and healthcare systems, digital health companies, mobile health companies, and biotechnology and pharmaceutical companies on how to navigate the maze of healthcare laws and address operational, regulatory, transactional, and compliance concerns. She also advises FDA-regulated companies in the food and beverage, dietary supplement, pharmaceutical and medical device, and technology industries on regulatory and compliance issues. On the transactional side, Ms. Otenaike handles regulatory due diligence review and agreement drafting and negotiation for acquisitions and financings involving a wide variety of healthcare providers and FDA-regulated entities.
Description
During the pandemic, there has been a significant increase in the use of telehealth services and the number of healthcare providers offering telehealth services. At the same time, healthcare providers, including providers of telehealth, are increasingly incorporating AI into their operations for a range of purposes. As AI and telehealth converge and the use of digital and consumer technologies to deliver virtual care increases, there are a number of legal and regulatory considerations for telehealth providers.
Telehealth is one of the newer services to utilize AI widely, from clinical evaluation to telemonitoring, to virtual health assistants and more. However, while AI has many benefits, there are also risks, such as data privacy and security issues and the potential for bias and overreliance on technology.
Further, there are legal challenges with AI that must be considered and overcome. Licensing issues may arise if a patient resides in one state and the healthcare provider is in another state. Further, what becomes the standard of care in a malpractice context?
Listen as our authoritative panel of healthcare attorneys examines the use of AI in telehealth and the associated legal issues that arise. The panel will discuss the benefits and risks of AI in telehealth and offer best practices for navigating the legal challenges.
Outline
- Use of AI in telehealth
- Benefits
- Risks
- AI legal issues that arise
- Licensing
- Informed consent
- Data privacy and security
- Liability
- Corporate practice of medicine
- Fraud and abuse
- Best practices to navigate the legal issues
Benefits
The panel will review these and other key issues:
- What are the legal challenges that potentially face telehealth providers that utilize AI?
- What standard of care applies when using AI in telehealth decision making?
- What steps should healthcare providers and their counsel take to limit potential liability risks when using AI in telehealth?
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