AI in Healthcare M&A: Regulatory Risks, Due Diligence, and Deal Considerations

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Health
- event Date
Monday, May 6, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will guide healthcare counsel on navigating AI issues in healthcare M&A. The panel will discuss the challenges for healthcare M&A involving AI, due diligence, and addressing risk in the deal documents. The panel will also address the regulatory risks and what considerations those involved in healthcare deals need to keep in mind. The panel will offer best practices for navigating the deal involving AI.
Faculty

Ms. Swank is a healthcare attorney and nationally known speaker and author with over 20 years experience both as senior in house counsel and in private practice. She is passionate about transforming healthcare through clinical research, virtual care models, innovation, and promoting access to safe, high quality healthcare and evidenced-based medicine. Ms. Swank supports healthcare providers, life-science companies, and digital startups through the compliant and effective use of technology, AI, secondary data, remote patient monitoring, health equity, clinical research and population health. She hosts a national podcast for the American Health Law Association called the "GC Roudtable."

Ms. Bergeron provides strategic business and regulatory counsel to prominent health care and private equity clients. She regularly advises on complex transactions across a wide range of health care industry sectors. Ms. Bergeron has been advising clients on a range of issues associated with the pandemic, including navigating financial relief provisions for health care providers under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
Description
Healthcare M&A deals are under increasing scrutiny. Healthcare companies are able to create value by adding AI capabilities and often do this through mergers and acquisitions. AI is beneficial in the healthcare arena in a variety of ways from improved preventative care recommendations to more precise diagnoses and treatment.
However, healthcare companies looking to add AI capabilities through M&A need to weigh several deal considerations as well as regulatory risks. For example, a company needs to understand how the target company is protecting its data, including protected health information, when using AI, and whether the company has rights to the data it is using from an IP perspective as well as under HIPAA and other applicable state laws. The company will also need to be evaluated for compliance with FDA requirements.
Listen as our authoritative panel of healthcare attorneys examines the challenges for healthcare M&A involving AI. The panel will discuss due diligence and addressing risk in the deal documents. The panel will also address the regulatory risks and what considerations those involved in healthcare deals need to keep in mind. The panel will offer best practices for navigating the deal involving AI.
Outline
- Pitfalls for healthcare transactions involving AI
- Due diligence when AI is involved
- Considerations for addressing risk in sales and purchase agreements
- Regulatory risks and challenges
- Best practices for navigating the deals involving AI
Benefits
The panel will review these and other key issues:
- How does the target protect its data, including PHI, when using AI?
- What key questions should be asked during due diligence when a deal involves AI?
- How should the documentation be tailored to address the unique risks involved with AI?
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