Photo of Michael Sutton

Michael Sutton is an associate in the Corporate Practice Group in the firm's Dallas office.

Starting January 1, 2026, health care practitioners in Texas are required to store electronic health records in the United States under a new Act. It applies to all records- regardless of the date on which the record was first prepared. his requirement is found in a recently enacted law that also includes requirements for practitioner’s AI use.Continue Reading New Texas Law Requires Storage of Electronic Health Records in U.S.

Texas recently enacted a pair of laws aimed at AI governance in the public sector and in healthcare. Starting September 1, 2025, there will be statutory authorization for health care practitioners (HCPs) in Texas to use AI for care-related purposes. This includes a practitioner’s ability to develop courses of treatment and to diagnose patients.Continue Reading New Texas Law Permits Use of AI In Health Care

The Department of Health & Human Services through the Office of the National Coordinator for Health Information Technology recently updated the process for certification of health information technology. Some of the modifications are intended to address use of artificial intelligence in health IT systems. ONC’s certification is required for certain programs, such as where the health IT will be used for Medicare and Medicaid Incentive programs. It is optional for others. Those who are already certified will need to update their certifications. Those seeking new certifications will be subject to the new process.Continue Reading Out in the Open: HHS’s New AI Transparency Rule

With the ongoing BIPA litigation activity in Illinois surrounding collection of biometrics, it can be easy to forget that other issues might surround this practice. Last month the FTC reminded companies not to forget general privacy and data security concerns. Concerns as most know, it enforces under Section 5 of the FTC Act (which prohibits deception and unfairness).Continue Reading Don’t Forget Deception: FTC and Biometrics