AI and Telehealth: Addressing Licensing, Informed Consent, Privacy, Liability, and Other Legal Challenges
Recording of a 90-minute CLE video webinar with Q&A
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.
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?
Faculty
Roger A. Cohen
Partner
Goodwin Procter
Mr. Cohen practices in the firm’s nationally recognized Life Sciences practice. He counsels healthcare services,... | Read More
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.
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Daniel (Dan) Cody
Partner
Jones Day
Over the past 20 years, Mr. Cody has developed a strong understanding of the evolving business and legal challenges... | Read More
Over the past 20 years, Mr. Cody has developed a strong understanding of the evolving business and legal challenges impacting healthcare providers, suppliers, life sciences companies, and other entities in the healthcare sector. His practice focuses on counseling and defending hospitals, health systems, post-acute care providers, and digital health and medical technology companies. Specifically, he provides regulatory compliance counseling and leads civil fraud and abuse investigations and litigation, particularly under the civil False Claims Act and similar state laws. He represents clients in regulatory and fraud and abuse matters in federal and state courts and state administrative agency proceedings. He regularly advises healthcare industry clients on a wide array of complex regulatory compliance issues, including federal and state anti-kickback statutes, federal and state referral prohibitions, state corporate practice of medicine limitations, and evolving provisions impacting telemedicine and delivery of remote services. He guides digital health and medical technology companies in navigating the current healthcare regulatory scheme. He assists healthcare and life sciences companies with pricing, licensing, accreditation, privacy, and Medicare and Medicaid reimbursement and coverage matters. Mr. Cody has extensive experience interacting with federal and state entities such as the Department of Justice, Centers for Medicare & Medicaid Services, Office of Inspector General, and state administrative agencies.
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Simone Otenaike
Attorney
Goodwin Procter
Ms. Otenaike counsels investors, hospitals and healthcare systems, digital health companies, mobile health companies,... | Read More
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.
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