AI: What's Ahead in Health Policy, Oversight and Market Access - McDermott+Consulting

AI and the Next Frontier: Understanding What’s Ahead in Health Policy, Regulatory Oversight and Market Access

During this webinar, healthcare policy leaders Rachel Stauffer, Kristen O’Brien and Deborah Godes of McDermott+Consulting shared their insights on the state of generative AI oversight by Congress and federal agencies and how companies can actively participate in the burgeoning AI policymaking process and the development of regulations governing AI in healthcare. They also provided tips on securing Medicare coverage for such innovative offerings.

Top takeaways included:

  1.  The recent executive order (EO) on artificial intelligence (AI) presents an opportunity for stakeholder input. The EO is the first step toward broader federal action and contains a series of directives for agencies to execute, including development of industry guidance and establishment of taskforces. The coming activity creates a window for industry stakeholders to offer expertise and have their voices heard.
  2. Congressional members and staff require engagement and education to understand the risks and benefits of regulating AI in healthcare. Congressional committees are already seeking information about AI through roundtables, listening sessions, requests for feedback and hearings. These forums are a valuable opportunity to reinforce the different considerations between AI broadly and AI in healthcare.
  3. A broad swath of federal departments and agencies are working to balance overregulation with the need for safeguards. The Administration is managing immediate risks and safety concerns while also weighing questions about long-term solutions. These questions include whether the correct approach is national or state-specific, and whether regulators can rely on already established policy (such as HIPAA) or need to create a new framework. The release of drafts, frameworks and non-binding guidance are a signal that regulators will continue to work on these issues, and stakeholders should make their voices heard in these early stages.
  4. AI-based technology stakeholders should stay engaged and monitor the continuous developments in reimbursement. Early movers have had initial success obtaining reimbursement, but coding, coverage and payment policies—all necessary for achieving reimbursement—are expected to change as AI becomes more broadly adopted.

Explore AI’s implications in more industries and service areas, and how you can seize opportunities and mitigate risk across the legal, business and operational areas of your organization, through McDermott’s webinar series.


November 8, 2023 | 12:00 – 12:30PM ET