Health Law Advisor

On December 29, 2025, the U.S. Department of Health and Human Services (“HHS”) Assistant Secretary for Technology Policy/Office of the National Coordinator for Health Information Technology (“ASTP/ONC”) published two proposed rules in the Federal Register:

In the absence of a federal law directly aimed at regulating artificial intelligence (AI), the Federal Trade Commission (FTC) is seeking to position itself as one of the primary regulators of this emergent technology through existing laws under the FTC’s ambit. As we recently wrote, the FTC announced the establishment of an Office of Technology, designed to provide technology expertise and support the FTC in enforcement actions. In a May 3, 2023 opinion piece published in the New York Times entitled “We Must Regulate A.I. Here’s How,” Lina Khan, the Chairperson of the FTC, outlined at least three potential avenues for FTC enforcement and oversight of artificial intelligence technology.

After a Congressional override of a Presidential veto, the National Defense Authorization Act became law on January 1, 2021 (NDAA). Notably, the NDAA not only provides appropriations for military and defense purposes but, under Division E, it also includes the most significant U.S. legislation concerning artificial intelligence (AI) to date: The National Artificial Intelligence Initiative Act of 2020 (NAIIA).

The NAIIA sets forth a multi-pronged national strategy and funding approach to spur AI research, development and innovation within the U.S., train and prepare an ...