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Winston & Strawn partner Reed Stephens discussed the adoption and state level regulation of artificial intelligence in the health care sector in a recent AIS Health article. State efforts to regulate AI began with a landmark 2021 Colorado law that bans health insurance companies from discrimination against members through algorithms and predictive models. Reed said that, as in the federal case, there are existing state statutes that are applicable to AI misuse.
“Most states have very broad consumer protection statutes that are intended to be flexible weapons for use by plaintiff attorneys and assertive state attorneys general,” he said, “to the extent that the evolution of use of artificial intelligence or machine learning is viewed as problematic.”
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