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A Prognosis of AI Regulation in Health Care

Even as the use of artificial intelligence (AI) in health care has been on the rise for years, federal policymakers are currently grappling with how to address the intersection of health care delivery, innovation, and AI regulation.

As AI becomes more integrated into health care operations and clinical decision-making, policymakers face the challenge of establishing frameworks that promote innovation while addressing concerns around bias, transparency, and accountability.

Through understanding the current federal landscape and the actions already taken, we can get a clearer picture of the direction policymakers and stakeholders are going and the implications for the health care system.

Federal Policy Actions

Recent federal involvement in AI policy is primarily driven by policymakers’ interest in:

  • addressing concerns about regulatory gaps for AI use;
  • establishing accountability measures for organizations that utilize the benefits of AI; and
  • and improving public trust in AI systems to encourage responsible AI use.

In Congress, the Senate HELP Committee recently held a hearing on AI’s potential to support patients, workers, children, and families. The hearing showcased both support for the positive impacts of AI in various work sectors and concerns about the need for proper oversight.

Various bills have also been introduced, including:

  • S.2997, the Right to Override Act, by Sen. Markey (D-MA)
  • H.R.5045, the Health AI Act, by Rep. Lieu (D-CA-36)
  • H.R.238, the Healthy Technology Act of 2025, by Rep. Schweikert (R-AZ-01)

These bills represent 3 different types of legislation related to AI and health care; those that seek to mitigate negative effects, those that seek to understand it better, and those that seek to utilize it to improve the health care system.

The Trump administration has also been active in the AI policy space, through its America’s AI Action Plan, which was published in July 2025. This plan encourages the development and use of new AI systems in health care.

Specifically, the Center for Medicare and Medicaid has proposed the WISeR Model, developed to review Medicare payments for certain services. Many stakeholders have concerns about the model, including the American Hospital Association (AHA), which recognizes the benefits of AI but is worried that the algorithm may ignore patient-specific care details without proper guardrails and human oversight.

Implications of Federal Actions

These actions represent early attempts at governing AI in health care and highlight the desire from policymakers to utilize AI to improve health care while negating potential adverse impacts. But how do these actions impact different stakeholders within health care?

Let’s start by looking at providers. We are already starting to see more AI platforms designed to increase efficiency for providers, but new regulations could require training modules and newly formed committees to monitor AI use in these settings, possibly increasing barriers to entry. Additionally, as AI use becomes more common in making care decisions, providers are raising concerns that regulations will not adequately protect their ability to use clinical judgement.

Drug manufacturers are seeing success with AI modeling to increase efficiency in the drug development process and could expand use to other aspects of manufacturing. The FDA has established the Center for Drug Evaluation and Research (CDER) AI Counsel to oversee these developments, however further guidance and action could bolster or limit AI use in the manufacturing process.

The AI Counsel has not finalized any guidance, as there are concerns about how AI is being defined, and how credibility and risk of different AI platforms can be established. Drug manufacturers have been supportive of AI use at the FDA so far, however there are concerns from within the industry about the technology providing incomplete and incorrect summaries which could lead to slowdowns in the approval process.

When it comes to patients, they are still skeptical about what health care in AI means for them. In a recent study published in JAMA, almost two-thirds of people surveyed reported distrust in their healthcare system’s use of AI and concern that AI could harm them.

This finding indicates a need for lawmakers to implement policies that increase confidence and trust in AI for patients to feel comfortable with ongoing AI use. This could require a change in approach from the Trump administration which has generally taken a view that stresses protecting AI innovation from overregulation.

Ongoing Policy Issues

While there has been movement regarding policies related to AI and health care, there are still some issues that will need to be addressed in the future.

  • Equity and Bias: Some stakeholders, like the AHA, have expressed concerns that AI tools could possibly be biased or discriminate against patients, providing substandard care.
  • Health Care Workforce: Both the AHA and the American Medical Association (AMA) have been supportive of expanded AI use to help address provider burnout, so long as it enhances providers’ work rather than replacing it.
  • Oversight: The Biotechnology Innovation Organization (BIO) has previously stated that the organization supports an incremental approach to oversight and regulation to allow sufficient time for adaptation. The AMA emphasizes that providers must be included in oversight conversations to ensure that the technology is supportive for care.

What’s Next

AI in health care is no longer just a possibility; policymakers are actively grappling with its deployment for providers and payers. Decisions made now will impact how AI is utilized and perceived implicating access, quality, and cost of care for patients for years to come.

Doctor Using AI Interface

Week Ahead: We’re Back – But Not for Long

After a whirlwind of votes and a stroke of a pen, the longest federal government shutdown in history has come to an end. However, the deal to reopen the government is only in effect for a few weeks and advance premium tax credits (APTCs) expiration is looming.  With only a few more days before leaving town again for Thanksgiving, can lawmakers make progress on their stalled agenda? There’s only one way to find out, so let’s get into it. Welcome back to the Week Ahead!

The Administration  

President Trump weighed in on the health care debate on Truth Social (where else!?), saying that Republicans in Congress should redirect the APTCs from the insurance companies directly to the people. The post offered no details on how exactly that would work, but one idea coming from Republican lawmakers and conservative think tanks, such as the Paragon Institute, would be to put the funding for APTC credits into health savings accounts (HSAs) for individual enrollees to use. Another option that has been suggested is to provide the APTC credits to enrollees through flexible spending accounts (FSAs). Beefing up HSAs and FSAs is not a new idea in Republican circles, but the President’s call to action doesn’t mean Republicans are ready to sub in HSAs for APTCs.

The debate over APTCs is not the only issue on the administration’s health care policy plate. There are also the 29 regulatory actions from the Department of Health and Human Services (HHS) currently at the Office of Management and Budget (OMB). These include the final rules for calendar year 2026 (CY 26) End-Stage Renal Disease Prospective Payment System (PPS), Hospital Outpatient PPS, and Home Health PPS. These rules go into effect January 1, and the Centers for Medicare and Medicaid Services (CMS) has already lost valuable time due to the shutdown.

The Senate  

The Senate has been in session throughout the shutdown, working on the continuing resolution (CR), which ultimately led to the reopening of the federal government. Now, after a short break, it’s right back to work for the upper chamber as Senate Majority Leader John Thune (R-SD) promised a vote “in mid-December” on APTCs to get enough Democratic votes to pass the CR. In addition to APTICs, there has also been discussion of a concurrent vote on a Republican health care “reform” bill. This may include reallocating funding for APTCs to HSAs or FSAs for enrollees to use. There have also been discussions about a proposal to extend the APTCs with reforms such as an income cap, guardrails to prevent improper payments, and stricter eligibility/oversight measures.

All of these discussions will come to a head when the Senate Finance Committee meets for a hearing on November 19 regarding the rising cost of health care. This will be an opportunity for Senators on the Committee that oversees APTCs to discuss the future of the subsidies. It’s a battle royale for health policy wonks when the conservative American Action Forum (AAF) and the Paragon Institute and the progressive Urban Institute square off on the idea of redirecting ACA subsidies to tax-free accounts. It’s especially interesting since AAF recently published a piece expressing concerns about the idea of redirecting APTCs to tax-free accounts. We expect Democratic members of the committee to generally emphasize the importance of extending the APTCs, but it will be important to monitor any signs that Democratic members are open to any reforms.

Other Health Care Hearings This Week

  • November 19: Senate Finance Committee executive session to vote on the nomination of Thomas Bell to be the Inspector General of HHS
  • November 19: Senate Aging Committee hearing on restoring trust in medicines

The House 

The House returned on November 13 after being out of session since the end of September, and the chamber faces a daunting to-do list. The House is reportedly going to consider legislation requiring the Department of Justice (DOJ) to release information related to the Jeffrey Epstein investigation on November 18. House Speaker Mike Johnson (R-LA) has also indicated he plans to bring forward a bill to repeal provisions of the recently passed CR that would allow for Senate offices to sue the federal government for unauthorized disclosure of Senate data.

Even with all this going on, House appropriators are also feeling pressure to make progress on FY 26 funding bills for those that were not included in the CR. According to our conversations with House Appropriations Committee staff, the Defense appropriations bill is rumored to be up next for consideration, and the plan would be to pair it with other appropriations bills. This lines up with conversations on the Senate side about advancing a minibus of appropriations bills, including for Defense. The Senate has yet to advance its version of the Defense appropriations bill, but our conversations on the hill indicate that it could be considered as soon as the week of November 17 or the week after Thanksgiving.

House Republicans will also face continued questioning about what they plan to do on APTCs. Speaker Johnson has not indicated that he would take up a bill to extend the enhanced ACA tax credits, but he may face political pressure, especially from House GOP members who are defending vulnerable seats in the 2026 midterm elections. On the other hand, bringing up a vote on extending the enhanced ACA tax credits could be divisive, since it would be something many members of his caucus would oppose, and he would need Democratic support to pass it.

 House Health Care Hearings this Week  

  • November 18: House Energy and Commerce Oversight Subcommittee hearing on AI chatbots
  • November 19: House Ways and Means Health Subcommittee hearing on preventing and treating chronic diseases

There You Have It  

Congratulations to the Washington Spirit, which will play in its second consecutive National Women’s Soccer League Championship game, and its fourth in club history, on November 22. Do you have a favorite fall sport? Let us know. Make it a great week!

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