In this article published in the American Bar Association’s The Health Lawyer, Partner Kirk Nahra and Senior Associate Ali Jessani deep-dive into the potential consumer protection risks associated with the expansion of Generative AI into the healthcare industry, as AI products are now being used by healthcare providers, insurance companies and beyond. While the introduction of these tools may improve healthcare services, regulators are increasingly concerned about data-related risks associated with Generative AI and about it being used in a discriminatory or unfair manner.
Excerpt: “The FTC has been particularly active as a privacy enforcer in recent months and is increasingly focusing on companies that process consumer health data (such as GoodRx and BetterHelp). The agency has been especially concerned with companies disclosing health data to advertisers without consumer consent. Most notably, the agency has been using the “unfairness” prong of Section 5 of the FTC Act to bring enforcement actions against companies that engage in this activity.”
