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Healthcare

Doing Business in the United States? Steps to Comply with Washington's My Health My Data Act by March 31, 2024

Washington State's My Health My Data Act (MHMDA), passed in 2023, contains several mandates that will require many organizations doing business in the United States to update their operational and legal processes by March 31, 2024. MHMDA applies to any legal entity that operates in Washington, or provides products or services targeted to Washington consumers, and that acts as a data controller with respect to consumer health data (each such entity is defined in the MHMDA as a "regulated entity"). Unlike other states' privacy laws currently in place, there are no revenue or volume thresholds that would exempt entities from compliance with the regulation. Washington's unique approach may also set a precedent for laws in other states and is worth tracking for U.S. and global businesses that want to stay ahead of evolving health data privacy regimes.

Healthcare & life sciences

Commercial Implications for Health Insurers in the Latest AI Guidance from the US Government

Artificial Intelligence (AI) is fuelling discussions on regulation, appropriate oversight, and ethical use. For the healthcare industry, the use of AI has at its core a range of social policy issues that intimately relate to individuals' medical treatment and ultimately, wellbeing, and new U.S. Government guidance will have a significant impact on health insurers

Healthtech

Remote Health Treatment - The Legal Challenges

Some medical treatment can be carried out using digital technology without a doctor being physically present. But what legal challenges does the use of digital technologies entail? This is an issue faced by stakeholders across the global healthcare sector. There is not currently any specific legal framework for inpatient treatment where doctors are physically separated from their patients and potential legal challenges are faced by all stakeholders involved – not just healthcare companies, hospitals and medical staff, but also health insurance companies and legislators.

Healthtech

AI in US Healthcare Outsourcing – It's Time to Check Your Contracts

If you are a health insurer that outsources your claims processing functions, you are likely leveraging your service providers' artificial intelligence (AI) and have been for quite some time. The rapid growth in generative AI and concerns about its use are cause to re-examine your outsourcing agreements.

Media & entertainment

Foul Play: ASA gives a 'red-card' to former footballers for breaching UK advertising rules

In its recent decision the UK advertising regulator, the Advertising Standards Authority (ASA) has upheld complaints against Supreme CBD Ltd (Supreme CBD) for four posts on X (formerly Twitter) which were not obviously identifiable as advertisements and making medical claims that a food supplement CBD product could treat insomnia and anxiety.

Legal 500: Life Sciences Comparative Guide

We are very proud to have launched the new Legal 500 Life Sciences Comparative Guide as a joint project of The Legal 500 and Clifford Chance. The aim of this guide is to provide its readers with a pragmatic overview of life sciences law across a broad variety of jurisdictions. We have provided the Q&A template for each chapter and also contributed country-specific chapters for the EU and UK. Each chapter provides information about the current issues affecting life sciences practice in a particular country and addresses topics such as legislative framework, regulatory processes, advertising, restrictions, risks of liability and compliance standards as well as insight and opinion and any upcoming legal changes planned for their respective country.

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Newsletter

Where is AI already being used in healthcare today? What risks and opportunities does it offer and how can medical device manufacturers prepare for the future in terms of compliance? [In German]

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Upcoming Tech Events

30 April: AI Series: Regulating AI – examining global developments (online)

This session will look at the global development of regulatory frameworks for AI, including emerging trends and diverging approaches being taken in different jurisdictions. This will include the EU’s AI Act, US developments at federal and state level, the UK perspective and the measures being taken in China to tackle regulation of generative AI and deepfakes.

Time: 08:00 EDT / 13:00 BST / 14:00 CEST / 20:00 HKT

To Register, please complete the online registration form.

Video recordings Video recordings are available following each session and can be accessed on the Clifford Chance Client Portal and the Financial Markets Toolkit.

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