Key AI Contracting Issues for Healthcare Providers

Summary

This practice note provides practical guidance to attorneys negotiating and drafting contracts for healthcare products and services that use artificial intelligence (AI). The use of AI by medical providers creates legal issues that must be addressed in contracts. A basic understanding of the types of AI is also necessary to know which key issues need to be addressed to ensure compliance, functionality, and risk mitigation. Key issues include data privacy and security, including Health Insurance Portability and Accountability Act (HIPAA) compliance; data ownership, including intellectual property; licensing; liability and risk mitigation; and other regulatory compliance.