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STAT+: FDA, CMS scramble to avoid regulatory logjam as more states look to test AI in clinical settings

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STAT+: FDA, CMS scramble to avoid regulatory logjam as more states look to test AI in clinical settings

Health officials hoping to boost adoption of artificial intelligence in health care have been moving behind the scenes to address brewing conflict between states and the federal government over the technology.

The Trump administration has sought to alleviate regulatory burden on companies developing health AI and created new ways to pay for the technology. But there remains a key problem: The federal government and states have overlapping jurisdiction over AI that performs clinical work, like writing prescriptions.

States regulate the practice of medicine and issue licenses to doctors and other clinicians. If AI performs these tasks without human supervision, that would likely push those products into the jurisdiction of the Food and Drug Administration, which regulates medical devices. 



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