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Navigating the Landscape: AI in Health Care Enforcement and Regulation | EnforceMintz | Mintz – Health Care Insights

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Mintz - Health Care Viewpoints

Artificial intelligence (AI) is transforming healthcare with enhanced efficiency, yet it presents significant regulatory challenges. As federal regulations lag, states have begun enacting laws governing AI’s role in areas like claims adjudication and clinical decision support, aiming for transparency and human oversight. This evolving legal landscape creates increased enforcement risks under the False Claims Act (FCA), with agencies like the DOJ leveraging AI to detect fraud—signaling heightened scrutiny in 2026 and beyond.

To navigate this regulatory maze, health organizations must adopt proactive governance, establish AI oversight committees, and prioritize compliance with current laws. Aligning with federal and state guidelines is crucial, as agencies ramp up enforcement actions. Additionally, organizations are encouraged to monitor technology performance and utilize AI tools for internal audits, mirroring government efforts in fraud detection. Following these strategies will not only mitigate legal risks but also foster innovation while protecting patient safety and privacy.

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