Author Archives

J.D. is an attorney.

• AHA Report Details Mounting Financial Threats to Hospitals

  By J.D. Kim, Esq. on May 29, 2025 • ( 0 )

  

  In April 2025, the American Hospital Association (AHA) released a report outlining the “key trends impacting hospital financial stability” in 2025. Entitled “The Cost of Caring: Challenges Facing America’s Hospitals in 2025,” it argues that there is a “perfect storm”… Read More ›

• Telehealth Expansion for Buprenorphine and VA Patients Delayed to December 31, 2025

  By J.D. Kim, Esq. on April 8, 2025 • ( 0 )

  

  The effective date for the telehealth rules “Expansion of Buprenorphine Treatment via Telemedicine Encounter” and “Continuity of Care via Telemedicine for Veterans Affairs Patients” has been delayed to December 31, 2025. The first rule amends related regulations to expand the… Read More ›

• HHS Releases Comprehensive AI Strategic Plan

  By J.D. Kim, Esq. on January 18, 2025 • ( 0 )

  

  The Department of Health and Human Services (HHS) released its AI Strategic Plan in January 2025, establishing a comprehensive approach to artificial intelligence. The Plan’s Overview states that it “provides a framework and roadmap to ensure that HHS fulfills its… Read More ›

• Reply Brief Seeks to Bolster Humana’s Defense in Medicare AI Lawsuit 

  By J.D. Kim, Esq. on September 10, 2024 • ( 0 )

  On July 18, 2024, Humana, Inc. (“Humana”) filed a reply brief defending its motion to dismiss a class action lawsuit over its use of artificial intelligence to make Medicare coverage determinations. In the action the plaintiffs are alleging that Humana… Read More ›

• Online Tracking in Healthcare: Court Sides with Hospitals in Dispute with HHS

  By J.D. Kim, Esq. on July 30, 2024 • ( 0 )

  On June 20, 2024, the Court issued its judgment in the American Hospital Association (AHA)’s case against the Department of Health and Human Services (HHS) concerning the use of third-party online tracking technologies on unauthenticated, public-facing webpages of healthcare providers…. Read More ›

• FTC Amends Health Breach Notification Rule Seeking to Address Gaps in Coverage for Emerging Health Technologies 

  By J.D. Kim, Esq. on June 20, 2024 • ( 0 )

  On April 26, 2024, the Federal Trade Commission (“FTC”) announced that it had finalized amendments to its Health Breach Notification Rule (“HBNR” or “Rule”). The Rule requires vendors of personal health records (“PHRs”) and related entities not subject to HIPAA… Read More ›

• Metadata vs. Subjective Intent: The Key Dispute in AHA’s Lawsuit Against HHS concerning the use of Third-Party Tracking Technologies on Public Hospital Webpages 

  By J.D. Kim, Esq. on May 7, 2024 • ( 0 )

  On April 11, 2024, the American Hospital Association (AHA) and its Co-Plaintiffs responded to legal arguments by the U.S. Department of Health and Human Services (HHS) concerning certain restrictions on the use of third-party tracking technologies on hospital websites.  … Read More ›

• How Artificial Intelligence relates to the Causes of Action in the UnitedHealth Group Medicare Advantage AI-based coverage denial Matter

  By J.D. Kim, Esq. on April 29, 2024 • ( 0 )

  A recent class action complaint filed against UnitedHealth Group, Inc., and its subsidiaries in the U.S. District Court of Minnesota alleges that the company is improperly using an artificial intelligence system called the nH Predict Model to wrongfully deny Medicare… Read More ›

• White House Office of Management and Budget releases Policy Memorandum on use of AI in Federal Agencies

  By J.D. Kim, Esq. on April 9, 2024 • ( 0 )

  On March 28, 2024, the White House Office of Management and Budget (OMB) released a memorandum concerning AI, with the specific subject matter of “Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence.” The scope of the… Read More ›

• HHS provides legal position on the use of Tracking Technologies on Public Facing Webpages of Hospitals in AHA Suit 

  By J.D. Kim, Esq. on April 2, 2024 • ( 0 )

  On March 21, 2024, the U.S. Department of Health and Human Services (HHS) provided their legal position concerning the use of tracking technologies on hospital and other healthcare provider websites and apps in the legal action brought by the American… Read More ›