While the EU Artificial Intelligence (AI) Act has set forth a relatively uniform framework for AI regulation in the EU, U.S. AI regulation has so far primarily consisted of a patchwork of state laws—which continue to evolve at a rapid pace. Despite the Trump administration calling for Congress to pass AI legislation that would preempt overly burdensome state laws in its National Policy Framework for Artificial Intelligence, many states appear to be actively moving ahead with new legislation. Here are the top areas the states are targeting, followed by some key takeaways:

Continue Reading Recent AI Regulatory Developments in the United States

Introduction

Artificial intelligence (AI) is increasingly being used in mental healthcare for functions such as clinical decision support, notetaking and transcription, symptom screening and triage, administrative and operational improvements, augmenting the provider-patient relationship, post-visit remote monitoring, and companionship.

Continue Reading Legal Framework for AI in Mental Healthcare

On June 18, 2025, the United States District Court for the Northern District of Texas vacated most of the rules designed to enhance reproductive healthcare privacy promulgated by the U.S. Department of Health and Human Services (HHS) in 2024. More specifically, the court ruled in Purl v. United States Department of Health and Human Services et al, No. 2:2024cv00228 (N.D. Tex. 2025) (the Decision) that the “Health Insurance Portability and Accountability Act Privacy Rule to Support Reproductive Health Care Privacy” (the “2024 HIPAA Rule”) is contrary to law because it unlawfully limits state public health laws; impermissibly redefines certain terms in contravention of federal law and in excess of statutory authority; and exceeds HHS’s authority. Regulations promulgated under HIPAA prior to the 2024 HIPAA Rule remain unchanged.

Continue Reading Texas District Court Vacates 2024 HIPAA Rule Designed to Enhance Reproductive Healthcare Privacy, Effective Nationwide

On June 5, 2025, Nevada Governor Joe Lombardo signed AB 406, a law regulating the use of artificial intelligence (AI) for mental and behavioral healthcare. AB 406 comes as other states, such as Utah and New York, have taken steps to regulate AI chatbots, including AI chatbots providing mental health services. AB 406 prohibits offering AI systems designed to provide services that constitute the practice of professional mental or behavioral healthcare (such as therapy) and prohibits making representations that an AI system can provide such care. In addition, AB 406 limits how mental and behavioral healthcare professionals can use AI systems.[1] AB 406 takes effect on July 1, 2025.

Continue Reading Nevada Passes Law Limiting AI Use for Mental and Behavioral Healthcare

On June 4, 2025, the U.S. Department of Health and Human Services (HHS) announced the appointment of Paula M. Stannard as the Director of the Office for Civil Rights (OCR). As Director, Stannard will lead the enforcement of the Privacy, Security, and Breach Notification Rules under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as well as federal civil rights laws.

Continue Reading HHS Announces New Director of Office for Civil Rights: What to Watch from the New Health Privacy Leader

On March 25, 2025, Utah Governor Spencer Cox signed HB 452, which establishes new rules for the use of artificial intelligence (AI) mental health chatbots accessible to any “Utah user,” defined as, “an individual located in the state at the time the individual accesses or uses a mental health chatbot.” Digital health companies and AI chatbot providers should take note of this new law to ensure compliance with its requirements.

Continue Reading Utah Enacts Mental Health Chatbot Law