Experts participating in the American Bar Association 25th Annual Emerging Issues in Healthcare Law Conference will tackle hot-button topics, including pregnancy in the post-Dobbs era, artificial intelligence in medical practice and changing privacy regulations.

“Emerging Issues in Healthcare Law,” sponsored by the ABA Health Law Section, will take place Wednesday to Saturday, April 3-6, in New Orleans.

Joe Sowell, senior vice president and chief development officer at HCA Healthcare, will participate in a fireside chat on Friday, April 5.

Program highlights include;

• “Dr. Robot Will See You Now: Balancing the Law with Human and Artificial Intelligence in Medical Practice” — AI-enabled medical devices are moving from automation with human control to systems that learn for themselves. In the future one can anticipate evolution into tools that can direct care, possibly in ways that exceed human capacity. A physician, device counsel and policymaker-led panel will explore how should informed consent contemplate automation and, in due course, autonomous tools be regulated? How will they affect professional standards of care? Should physicians be obligated to use such devices? And if the devices are wrong, who should be liable?

• “How Far Can Distressed Providers Kick the Can?” — The panel of experts will address current issues related to financially distressed health care providers in the wake of the COVID-19 pandemic, including the impacts of staffing shortages and outcomes for providers that received Provider Relief Fund distributions. They will also address how distressed hospitals are managing these issues, potential warning signs of serious distress and the outlook for distressed hospitals.

• “Exploring the Ramifications of AI on Compliance Program Effectiveness” — This panel, including a compliance officer for a large post-acute care continuum provider, a compliance officer for a publicly traded health care company and a board member and former global chief compliance officer, will delve into the far-reaching implications of artificial intelligence on the effectiveness of health care compliance and ethics programs. The panelists will shed light on how AI is transforming the compliance landscape, exploring the potential opportunities and challenges on the horizon and the benefits and potential pitfalls that arise from its implementation.

• “Data Strategy and Changing Privacy Regulations” — Telehealth expansion, artificial intelligence and health care/tech industry collaborations play a growing role in health care delivery and research. Privacy laws predating these developments can create impediments, while more recently proposed and enacted laws introduce new legal challenges. A panel of experts will address the latest regulatory changes, enforcement trends and compliance strategies to maintain individuals’ privacy and will offer insights on managing the impact of changes in law on health care delivery and research.

• “What the Future Holds: Navigating DOJ Trends in Health Care Enforcement” — A panel that includes perspectives from the Department of Justice, in-house and the defense bar will explore recent civil and criminal enforcement trends and discuss what lies ahead for the future of health care in 2024. In particular, they will analyze how DOJ is using (nor not) AKS, EKRA and the Travel Act in its enforcement actions, DOJ’s COVID and laboratory investigations, telemedicine trends and DOJ’s new focus on private equity liability. The panel will also discuss best practices to comply with health care laws and regulations, including how a well-constructed compliance plan can help avoid or lessen the impact of an enforcement action by a state or federal agency; scenarios where medical professionals have come under law enforcement; and regulatory scrutiny to educate on the pitfalls in dealing with marketers, medical suppliers, etc. whose intent is to involve medical professionals in prohibited activities.

• “The World of Emerging Therapies and Alternative Substances in Health Care” — Increased societal focus on the importance of mental health and well-being in recent years has led to a renaissance of scientific and commercial interest in cannabis and psychedelics and their potential as valuable and effective therapies. A panel of experts will provide a general overview of how alternative substances are being looked at as emerging therapies in health care delivery, including the rise of use of cannabis, psilocybin, ketamine and kratom. They will discuss the legal status of each alternative substance, along with how each are viewed by consumers and health care professionals as well as the existing conflicts between state and federal regulation and how it applies to DEA, CMS, medical board and accreditation body considerations.

• “Legal Challenges Caring for Pregnant Patients Post-Dobbs” — The Dobbs decision and state laws pre- and post-Dobbs have created a minefield for health care providers caring for pregnant patients. They have also affected the availability of services in restrictive and non-restrictive states. A panel of experts will provide an overview of the various state laws, legal challenges and background concerning the medical issues and concerns.

For additional information on the conference, visit www.americanbar.org/groups/health_law.