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Articles by Michael Sutton
Tennessee Joins States Regulating Use Of AI In Mental Health
Michael D. Sutton’s articles from Sheppard, Mullin, Richter & Hampton LLP are most popular: in European Union with readers working within the Healthcare industries Sheppard, Mullin, Richter & Hampton LLP are most popular: within Cannabis & Hemp topic(s) Tennessee has joined an increasing number of states specifically regulating use of AI in the mental healthcare space.
Tennessee Joins States Regulating Use of AI in Mental Health
Tennessee has joined an increasing number of states specifically regulating use of AI in the mental healthcare space.
AI In Healthcare: What We Learned At ViVE 2026 (And What It Means For Your Organization)
SM Sheppard, Mullin, Richter & Hampton LLP More Businesses turn to Sheppard to deliver sophisticated counsel to help clients move ahead. With more than 1,200 lawyers located in 16 offices worldwide, our client-centered approach is grounded in nearly a century of building enduring relationships on trust and collaboration.
AI in Healthcare: What We Learned at ViVE 2026 (and What It Means for Your Organization)
Sheppard’s Digital Health & Innovation Team attended the 2026 ViVE Conference in Los Angeles where healthcare innovation was on full display. Health systems, payers, and healthcare technology leaders were discussing the intersection of AI and health care which presents both big opportunities and complex legal and operational challenges. Walking away from a whirlwind of panels and showcases, each highlighting advances in health care, it is hard not to be optimistic about the future.
New WISeR Model Aims to Leverage AI Technology to Reduce Costs and Inefficiencies | JD Supra
The Centers for Medicare and Medicaid Services (“CMS”) recently announced the first six participating states in the Wasteful and Inappropriate Service Reduction (“WISeR”) Model that will begin on January 1, 2026: Arizona, New Jersey, Ohio, Oklahoma, Texas, and Washington.[1] As its hallmark objective, the Model aims to refine prior authorization processes for traditional fee-for-service Medicare through the use of enhanced technologies, such as artificial intelligence (“AI”), to reduce the...
WorldVuer introduces its powerful new iBEST VC (Visual Communicator) Tablet.
WorldVuer introduces its powerful new iBEST VC (Visual Communicator) Tablet. WiOS for Interoperability WorldVuer iBEST VC (Visual Communicator) to be introduced to students across fifty-four emerging market economies.
A New Era of Privacy Enforcement: Lessons for Digital Health Players | JD Supra
Regulators and courts are expanding enforcement against digital health apps and online platforms that share sensitive health data without true consent, though these companies fall outside the scope of the Health Insurance Portability and Accountability Act (“HIPAA”).
White House Announces Nation Health Data Tracking System of Personal Health Data | JD Supra
The White House announced it is launching a health data tracking system early next year that involves an unprecedented partnership between the federal government, providers, payors, and private sector technology companies. The stated objective is to enable patients to more easily access and share their personal health data and medical records across different platforms, including through apps operated by private technology companies (the “Tracking System”).
New Texas Law Permits Use of AI In Health Care | JD Supra
Texas recently enacted a pair of laws aimed at AI governance in the public sector and in healthcare. Starting September 1, 2025, there will be statutory authorization for health care practitioners (HCPs) in Texas to use AI for care-related purposes. This includes a practitioner’s ability to develop courses of treatment and to diagnose patients.
Texas Enacts Responsible AI Governance Act Adding to Patchwork of AI Laws | JD Supra
At the end of June, Texas enacted the “Texas Responsible Artificial Intelligence Governance Act” (the “Act”), adding to the patchwork of growing AI laws. This summary addresses the Act’s most significant provisions.
Hot Topics in HIPAA - 2025 | JD Supra
July 3, 2025 To embed, copy and paste the code into your website or blog: The Health Insurance Portability and Accountability Act of 1996, as amended by the Health Information Technology for Economic and Clinical Health Act, and the regulations promulgated thereunder (collectively “HIPAA”) is a federal privacy law which regulates use and disclosure of protected health information (“PHI”).
The State of Reproductive Healthcare Privacy | JD Supra
Since the Dobbs v. Jackson Women’s Health Organization decision (which overturned the landmark Roe v. Wade decision), the healthcare industry has continued to grapple with renewed concerns over patient privacy and reproductive healthcare. Legislators and regulators have not been idle, establishing a patchwork of authorities which require careful navigation and consideration. It is worth noting that reproductive healthcare privacy is not a concern exclusive to women.
Healthcare Security is Homeland Security: A Discussion with Jonathan Meyer | JD Supra
In an era where cyber threats are escalating, healthcare has emerged as a critical battleground for security. Its significance has become increasingly crucial as the intersection of healthcare, cybersecurity, and technology permeates every aspect of our lives.
ZERMATT | Running’s Mecca?
Michael Sutton · Follow 6 min read · -- There is no such thing as a running utopia, but I feel as though I may have stumbled upon the next best thing in Zermatt. The Swiss ski village nestled in the Alps is truly one of a kind, it is filled with so many great spots to run, awe inspiring nature and a relaxed car-free way of life. A Natural Paradise There is not a bad view in all of the area surrounding Zermatt, except on those rare cloudy days.
HHS’ Last-Minute Holiday Gift: Proposed Changes to the HIPAA Security Rule | JD Supra
The U.S. Department of Health and Human Services (“HHS”) issued a Notice of Proposed Rulemaking (the “Proposed Rule”) on December 27, 2024, to significantly amend HIPAA’s Security Rule, which sets forth the security standards for the protection of protected health information by covered entities and their business associates. The Proposed Rule’s issuance was expected, especially in light of the growing number of health data breaches and disclosures of large scale foreign cyberattacks.
New York Adopts Comprehensive Hospital Cybersecurity Requirements | JD Supra
[co-author: Tina Watson*] Cyberattacks on healthcare organizations are on the rise, with the number of affected individuals nearly tripling between 2022 and 2024, according to data compiled by the Department of Health and Human Services Office for Civil Rights (“OCR”).[1] OCR data also reveals a 239% and 278% increase in hacking incidents and ransomware attacks, respectively, between January 2018 and September 2023.
Texas Considers Comprehensive AI Bill | JD Supra
Texas is joining a growing number of states in considering comprehensive laws regulating use of AI. In particular, the Texas Legislature is scheduled to consider the draft “Texas Responsible AI Governance Act” (the “Act”), which seeks to regulate development and deployment of artificial intelligence systems in Texas. Critically, as most states continue to grapple with the emergence of AI, the Act could serve as a model for other states and could prove tremendously impactful.
Navigating Gainsharing Pitfalls in Value-Based Models | JD Supra
As the shift toward value-based care continues to transform the healthcare industry, hospitals and health systems are increasingly utilizing incentive-based physician compensation structures. Incentive-based compensation often includes a combination of a base salary with a variable bonus component tied to performance metrics, with the metrics being chosen based on overarching organizational goals, such as improving quality of care and managing costs.
Texas AG Targets Data Use Under New Privacy Law | JD Supra
[co-author: Lena Zinner*] Under the banner of strengthening consumer data protection, Texas is ramping up enforcement of its comprehensive data privacy act, sending a nationwide signal that Texas is serious about safeguarding the personal data of consumers.
California Limits Health Plan Use of AI in Utilization Management | JD Supra
California Governor Newsom signed Senate Bill 1120 into law, which is known as the Physicians Make Decisions Act. At a high level, the Act aims to safeguard patient access to treatments by mandating a certain level of health care provider oversight when payors use AI to assess the medical necessity of requested medical services, and by extension, coverage for such medical services.
Unveiling the “Crescendo” Hard-Fork roadmap - 10BPS and more
Currently, RK developers are busy with preparing a mainnet version that is focused on introducing many mempool features whose necessity was detailed by the KRC-20 beta launch. These include delicate features such as RBF (replace-by-fee) and a fee estimation API, both of which require careful work with ecosystem developers. After this version is released³, focus will shift to creating a performance oriented version meant to stabilize TN11 nodes.
Do You Catch Our Drift? Navigating the Waters of Offshoring and Patient Data | JD Supra
With technology rapidly evolving and jurisdictions appearing blurred, it is increasingly important to be mindful of data flow and use. This is particularly true where patient data is being accessed by offshore subcontractors. Simply put, offshoring occurs where a party contracts for services to be rendered, in whole or in part, by another party located outside of the United States and its territories.
Remote Patient Monitoring Innovating Health Tech: A Discussion with Dr. Vipul Kella | JD Supra
The healthcare sector is undergoing a transformative phase due in large part to the integration of digital technologies into every-day care. At the forefront of this revolution is Remote Patient Monitoring (“RPM”), a technology that appears poised to redefine the industry’s approach to care.
Out in the Open: HHS’s New AI Transparency Rule | JD Supra
The Department of Health & Human Services through the Office of the National Coordinator for Health Information Technology recently updated the process for certification of health information technology. Some of the modifications are intended to address use of artificial intelligence in health IT systems. ONC’s certification is required for certain programs, such as where the health IT will be used for Medicare and Medicaid Incentive programs. It is optional for others.
District Court Elucidates the Meaning of “to Induce” Under the Federal Health Care Program Anti-Kickback Statute | JD Supra
The United States District Court for the Eastern District of Virginia recently dismissed an appeal by the Pharmaceutical Coalition for Patient Access (“PCPA”) that challenged a negative opinion issued by the U.S. Department of Health and Human Services, Office of the Inspector General (“OIG”) concerning pharmaceutical manufacturers’ offers of cost-sharing subsidies to Medicare Part D (“Part D”) beneficiaries.
Digital Health to the Rescue – Improving Access to Specialized Care: A Discussion with Viveka Rydell-Anderson | JD Supra
The 21st-century healthcare landscape has been dramatically shaped by the rise of digitized healthcare solutions aimed at making healthcare more accessible, affordable, and personalized.
At a Glance: Legal Efforts to Limit Discrimination Through AI | JD Supra
The expanded use of artificial intelligence (AI) in the delivery of health care continues to receive increased attention from lawmakers across the country. Although AI regulation is still in its early developmental stages, there are various efforts underway to address the unintended negative consequences stirred by AI technology, particularly in health care and other key sectors.[1] Of particular interest are regulatory efforts to restrict discrimination through AI and related technologies.
California Moves to Protect Medical Information Collected Through Reproductive and Sexual Health Applications | JD Supra
California is taking steps through Assembly Bill 254 (the “Bill”), approved by the State’s Governor on September 27, 2023, to ensure that patient information collected through reproductive or sexual health applications enjoys protections under the Confidentiality of Medical Information Act (the “CMIA”).[1] In addition to applying to providers and plans, the CMIA applies to businesses that offer software or hardware to consumers, such as mobile applications, which maintain medical information...
Texas Joins States Limiting Use and Disclosure of Genetic Data | JD Supra
On June 17, 2023, Texas enacted legislation (the “Legislation”) limiting use of genetic data by certain genetic data testing companies, joining a number of other states in tackling the ever-increasing privacy concerns surrounding health and genetic information.
FTC Proposes Changes to Health Breach Notification Rule Clarifying Application to Health and Wellness Apps | JD Supra
In May, the Federal Trade Commission (“FTC”) proposed changes (the “Proposed Rule”) to the Health Breach Notification Rule (the “Rule”),[1] which, among other items, emphasize that the Rule applies to mobile health applications and related technologies that use or otherwise compile consumers’ health information.[2] While the FTC’s position on this point is not entirely new,[3] industry interpretations of the Rule have been inconsistent.
State Attorneys General Pen Letter to OCR Advocating for Greater Privacy Protection of Reproductive Health Care Information | JD Supra
On June 16, 2023, nearly half of the State Attorneys General[1] penned a letter (the “Letter”) to the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) advocating for broader privacy protections surrounding reproductive health care information.
Don’t Forget Deception: FTC and Biometrics | JD Supra
With the ongoing BIPA litigation activity in Illinois surrounding collection of biometrics, it can be easy to forget that other issues might surround this practice. Last month the FTC reminded companies not to forget general privacy and data security concerns. Concerns as most know, it enforces under Section 5 of the FTC Act (which prohibits deception and unfairness). The FTC recognized that there may be an uptick in companies desire to collect biometrics through machine learning.
Florida Bans Offshoring of Certain Patient Information | JD Supra
The Florida Legislature recently amended the Florida Electronic Health Records Exchange Act (the “Act”) to prohibit certain health care providers utilizing certified electronic health record technologies from storing qualified electronic health records[1] outside of the United States, its territories, or Canada.[2] Significantly, the prohibition also extends to qualified electronic health records that are stored through a third-party or subcontracted computing facility or cloud service...
Texas is Making Moves on a Comprehensive Consumer Privacy Law | JD Supra
Texas is joining a growing number of states in passing comprehensive privacy legislation intended to safeguard consumer personal data.[1] Specifically, the Texas Data Privacy and Security Act (the “Act”) adds protections for consumers[2] and their personal data, which includes any information that is linked or reasonably linkable to an identified or identifiable individual.[3] Applicability The Act operationalizes its core goals by empowering consumers with certain rights while also imposing...
CMS’s Administrative Simplification Rule Aims to Increase Efficiency and Standardization for Health Care Attachments | JD Supra
The Centers for Medicare & Medicaid Services (“CMS”), on behalf of the U.S. Department of Health and Human Services (“HHS”), recently issued a proposed rule to adopt standards under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) for “health care attachment” transactions (the “Proposed Rule”).
Telehealth in a Post-PHE World | JD Supra
The once-novel medium of telehealth surged onto the stage as a common sense solution to the COVID-19 pandemic. This surge was facilitated, in part, by certain flexibilities authorized by the Centers for Medicare & Medicaid Services in its response to the public health emergency (“PHE”) declared in March of 2020 and which was repeatedly renewed until now. On January 30, 2023, President Joe Biden announced that the PHE would end on May 11, 2023.
Proposal to Overhaul Privacy Law Governing Substance Use Disorder Treatment Records | JD Supra
The U.S. Department of Health and Human Services (“HHS”) has announced proposed changes (the “Proposed Rule”) to 42 C.F.R. Part 2 (“Part 2”). While the Health Insurance Portability and Accountability Act (“HIPAA”) governs the privacy and security of protected health information generally, Part 2 specifically governs the medical records of federally assisted substance use treatment programs (“SUD Records”).
Office of Civil Rights Publishes Guidance on Use of Audio-Only Telehealth Services | JD Supra
As telehealth services surged in response to the COVID-19 pandemic, unique compliance challenges likewise developed in unexpected ways.
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