From AI to Data Privacy: Themes in Healthcare Law for 2025

A lot is changing across the healthcare landscape, as fast-paced developments in technology allow providers and clinics to see more patients virtually and harness the power of big data to better visualize healthcare trends. But with these developments comes added risk, particularly around data privacy and artificial intelligence (AI). Here are a few themes already shaping up to be big in 2025.

Stronger scrutiny around AI

There’s no question that AI has helped the healthcare industry increase efficiency, but legal frameworks are still catching up to address potential risks. Potential risks of the use of AI are significant and can include errors, concerns surrounding data privacy and security, and unrecognized biases in results.

Larger focus on data privacy and security

Usage of electronic health records and access to telehealth highlights the importance of protecting patient data through compliance with the Health Insurance Portability and Accountability Act (HIPAA), the Health Information Technology for Economic and Clinical Health Act (HITECH) and other federal and state data privacy and security regulations. As the threat of cyberattacks grows and malicious actors become more sophisticated with their attacks, organizations will need to stay apprised of changes in their legal obligations, consistently review their practices, and remain vigilant to threats.

Telehealth regulations will continue to evolve

The growing usage of telehealth is necessitating the continued evolution of telehealth laws and licensing requirements for practitioners, as well as reimbursement policies, and increased equitable access to virtual healthcare.

Improved approach to value-based care

The 2010 enactment of the Affordable Care Act (ACA) kicked off changes in the Medicare reimbursement model from a fee-for-service approach to a bigger emphasis on a value-based approach tied to patient outcomes. Data-sharing, antitrust, reimbursement models, alternative pay structures, and risk-sharing arrangements are all emerging themes that will guide changes in regulation to further protect both patients and healthcare professionals.

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