Machine Learning in Healthcare: Regulatory Requirements, Reimbursement Challenges, Privacy and Security Risks

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Health
- event Date
Thursday, March 9, 2023
- 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 machine learning in the healthcare context. The panel will discuss how healthcare companies and providers are using machine learning to provide healthcare, patient care, and administrative processes. The panel will examine the regulatory requirements and the implications for reimbursement. The panel will also address privacy and security issues and offer best practices for compliance when using machine learning.
Faculty

Ms. Metnick is a partner in the Corporate Practice Group in the firm's Chicago office and a member of the Healthcare and Privacy & Cybersecurity Teams. She represents a range of healthcare industry clients, including hospitals and health systems, physician organizations and digital health companies. Ms. Metnick advises on healthcare regulatory and transactional matters with a focus on health information privacy and security. She is the founder and leader of Sheppard Mullin Healthy AI, which is an initiative focused on legal issues relates to the use of AI in healthcare. Ms. Metnick counsels healthcare clients on issues relating to AI, including governance, contractual matters, and data related issues. She advises clients on a range of privacy and security laws, including HIPAA and other federal and state privacy laws. Ms. Metnick also counsels businesses in data breach investigations and compliance with federal and state breach notification laws. She is a Certified Information Privacy Professional/United States (CIPP/ US) and a Certified Information Privacy Professional/Europe (CIPP/E).

Mr. Thompson counsels medical device, drug, and combination product companies on a wide range of FDA and FTC regulatory, reimbursement, and clinical trial issues. He is a quantitative thinker by nature, who enjoys tinkering with algorithms. To develop a deeper understanding of machine learning algorithms, Mr. Thompson earned a Master of Applied Data Science in February 2022 from the University of Michigan’s School of Information. As a part of that curriculum, he studied the math, statistics, and computer science (Python), which serve as the basis for artificial intelligence (AI). Specific coursework included SQL & Databases, SQL Architectures & Technologies, Efficient Data Processing, Scalable Data Processing, Math Methods for Data Science, Data Mining, Supervised Learning, Unsupervised Learning, Deep Learning, Machine Learning Pipelines, Natural Language Processing, and Network Analysis. At Epstein Becker Green, Mr. Thompson leads an initiative to serve the legal needs of those clients that either develop or use AI tools. That initiative cuts across the firm’s practice areas to include both health and labor.

Ms. Godes advises clients on reimbursement and policy strategy for medical devices, diagnostics, biologics and health services by public and private payers. With more than 25 years of health industry experience, she leverages her deep knowledge and strong industry relationships to deliver strategic, operational and policy consultative services to companies of all sizes, from start-ups to Fortune 100 companies. For the past decade, Ms. Godes has worked alongside healthcare innovators to advance their market access goals, including: navigating the complex Centers for Medicare and Medicaid Services landscape; addressing the challenges and opportunities of bringing e-products to market; and providing insight on the U.S. healthcare system and the health industry. She also collaborates with clients pursuing Medicare coding, coverage and payment of their groundbreaking, digitally-enabled healthcare solutions and services, including diagnostic tests and medical devices, artificial intelligence-powered technologies, remote monitoring tools, and other innovative health services.
Description
Machine learning has virtually unlimited uses in the healthcare industry. From pacemakers to smart scalpels, to smartwatches to radiology, and detecting cancers to mapping infectious diseases, healthcare providers can leverage machine learning to provide better healthcare. Machine learning can also be used to streamline administrative processes in hospitals.
There are legal issues that are raised with the use of machine learning in healthcare. Among the legal concerns are the regulatory requirements, reimbursement issues, privacy and security issues, and standard of care. For example, machine learning presents challenges to companies with obligations to safeguard protected health information and other sensitive information. Further, the use of machine learning may implicate HIPAA as well as state privacy and security laws. Machine learning presents risks of privacy breaches and cybersecurity threats.
It is critical for healthcare organizations, providers, and counsel to recognize how machine learning impacts the provision of care and address the legal implications.
Listen as our authoritative panel of healthcare attorneys examines machine learning in the healthcare context. The panel will discuss how healthcare companies and providers are using machine learning to provide healthcare, patient care, and administrative processes. The panel will examine the regulatory requirements and the implications for reimbursement. The panel will also address privacy and security issues and offer best practices for compliance when using machine learning in healthcare.
Outline
- Machine learning in healthcare
- Patient care
- Administrative processes
- Key considerations
- Regulatory requirements
- Reimbursement
- Standard of care
- Privacy and security
- Ethical issues
- Other
- Contractual issues
- Indemnifications
- Reps and warranties
- Insurance
- Best practices for compliance when using machine learning in healthcare
Benefits
The panel will review these and other key issues:
- How can healthcare providers minimize liability risks when using machine learning for patient care--or when deciding not to use it?
- Who may be liable when a healthcare provider's care is based on machine learning?
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