Physicians Practice September 9, 2021
Rachel V. Rose, JD, MBA

As more states enact biometric laws (although none are as robust as Illinois), healthcare AI companies, covered entities, and business associates should take note and take steps to update compliance programs in order to reduce the risk of a lawsuit and a potentially criminal HIPAA violation.

The intersection of Artificial Intelligence (“AI”) and biometrics represent emerging areas of the law, which cannot be overlooked by the healthcare sector. A recent Illinois case involving Section 15(b) of the Illinois Biometric Information Privacy Act (“BIPA”) further illustrates the importance of obtaining patient consent and updating HIPAA policies and procedures to address the evolving area of biometrics.

Although not a healthcare industry case, there are several take-aways from the Court’s recent Memorandum Opinion...

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