Digital Health Blog

The Joint Commission, in partnership with the Coalition for Health AI (CHAI), has released new guidance to support the responsible adoption of artificial intelligence in health care. The recommendations provide a high-level framework for hospitals and health systems as they navigate AI integration, with a focus on governance, bias assessment, resource evaluation, and risk management.

Building on this work, the Joint Commission and CHAI plan to also develop practical governance playbooks and a voluntary AI certification program for accredited organizations. For providers—particularly those accredited by the Joint Commission—this is a timely opportunity to evaluate their AI strategies and establish or strengthen internal governance structures to assess current and future AI tools.

The Joint Commission’s announcement and guidance are available here.

We are pleased to launch our new Digital Health Blog by announcing that Eric Fish has joined HLB as a partner in our Washington, D.C. office. Eric brings more than a decade of experience at the intersection of AI, digital health, and state and federal regulation, advising health care providers and innovators on navigating complex compliance challenges while preparing for the future of care delivery. To learn more, please see our full press release. Welcome to the firm Eric!

A California family has filed the first wrongful death suit against OpenAI, alleging that ChatGPT encouraged self-harm and assisted their teenage son in planning his suicide. The lawsuit, filed in San Francisco County Superior Court, accuses OpenAI design of negligence and prioritizing rapid product development over safety considerations. In response, OpenAI announced introduction of parental controls and product enhancements developed in conjunction with physicians, psychologists, and other mental health professionals.

This lawsuit also comes at a time of increasing efforts by state legislatures to address concerns about unlicensed practice of health care professions, privacy and consent, and standards of use in clinical settings.

The American Medical Association (AMA) has unveiled the CPT® 2026 code set, introducing 288 new codes that reflect the latest advancements in medical, surgical, and diagnostic services. Key updates include expanded coding for digital health, remote patient monitoring, and augmented intelligence (AI). Notably, new AI-related codes enhance physician decision-making by analyzing complex data, and remote monitoring codes now cover shorter durations and lower time thresholds.

The Coalition for Health AI (CHAI), an organization with the mission of advancing responsible AI and promoting best practices, released its Transparency Report, analyzing over 250 state bills related to transparency in health AI. The report reviews common trends and themes across state policymaking as a resource to inform future legislation. The report notes that in the absence of federal legislation, 46 states have stepped up to introduce health AI transparency bill in the legislature. Themes examined include health care denials, safety and bias mitigation, human oversight, and the shift toward lifecycle governance.

New York State has introduced the Oversight of Technology in Mental Health Care Act (S.8484), a landmark bill aimed at regulating the use of artificial intelligence in mental health services. The legislation prohibits autonomous AI from delivering direct therapeutic care and mandates that licensed professionals oversee any AI-assisted treatment. It also requires explicit, informed consent from patients and ensures compliance with privacy and recordkeeping standards. While restricting clinical use, the bill encourages AI for administrative tasks like scheduling and billing. Religious counseling and peer support services are exempt. This move reflects a growing national trend toward safeguarding mental health care in the age of AI.

SB 660 (Menjivar) has passed through the California legislature and now awaits signature by Governor Newsom. The bill reshapes the governance of the state’s Data Exchange Framework (DxF) by transferring oversight from the California Health and Human Services Agency (CalHHS) to the Department of Health Care Access and Information (HCAI) and authorizes HCAI to initiate enforcement actions, contingent on budget appropriations. SB 660 also clarifies the health care organizations required to participate in the DxF, in addition to other entities designated by HCAI as required entities.

On September 8th, the California legislature passed AB 489, which seeks to prohibit AI and generative AI (GenAI) systems from misrepresenting themselves as licensed or certified healthcare professionals. The bill now heads to Governor Newsom’s desk for signature.

The legislation comes in response to growing concerns about the integration of AI technologies into clinical settings, particularly the rise of AI-powered therapy chatbots that may appear to patients as offering professional medical advice. Under AB 489, AI and GenAI systems would be barred from using any terms, letters, or phrases—whether in advertising or functionality—that suggest the advice, care, reports, or assessments they provide are coming from a licensed human healthcare provider. This includes titles such as “M.D.” or “Dr.”, which are already protected under California law against improper use by unlicensed individuals. The bill clarifies that these existing prohibitions now explicitly extend to individuals or entities that develop or deploy AI technologies.

As proposed, each violation of the law would be treated as a separate offense, enforceable by the appropriate state professional licensing board. The legislation would also authorize these boards to seek injunctions or restraining orders against violators.

HHS has launched version 3.6 of its Security Risk Assessment (SRA) Tool, designed to support HIPAA compliance and strengthen data protection. Key updates include a new approval tracking feature, an updated NIST-aligned risk scale, enhanced reporting, refreshed library files, and improved educational content. Join live webinars on September 15 at noon ET or September 16 at 3pm ET to explore the new features and get your questions answered by experts.

At a recent House Energy and Commerce Health Subcommittee hearing, lawmakers explored innovative use cases and challenges of artificial intelligence in health care, revealing deep partisan divides on AI regulations while acknowledging a few areas of bipartisan concern. Although Republicans praised the Administration’s hands-off approach to AI regulation, Democrats warned that innovation cannot thrive without adequate healthcare funding and equity. Despite broader disagreements, members found common ground on key issues: protecting mental health counseling using AI tools, safeguarding children’s use of AI, and addressing algorithm-driven denials of care. Data privacy and reimbursement challenges also surfaced as major hurdles. The hearing marked the first major step in shaping health AI policy in the 119th Congress.