On September 30, 2025, the U.S. Food and Drug Administration (FDA) issued a Request for Public Comment seeking input on “practical approaches to measuring and evaluating the performance of AI-enabled medical devices in the real-world,” including strategies for detecting, assessing, and mitigating performance changes over time (the “Request”). 

The Request acknowledges the opportunities for AI, including generative AI, to improve patient outcomes, advance public health, and accelerate medical innovation.  At the same time, the Request highlights new challenges related to assuring the maintained safety and effectiveness of AI-enabled medical devices across the total product life cycle, and suggests that ongoing, systematic performance monitoring is increasingly relevant for these technologies.

FDA emphasizes that this Request does not signal proposed or final expectations for sponsors of AI-enabled devices, but instead seeks to “advance a broader discussion among the AI healthcare ecosystem on this topic.”  The Agency notes a particular interest in “strategies for identifying and managing performance drift, such as detecting changes in input and output,” but leaves open how FDA plans to incorporate feedback into future regulatory processes and decision-making. 

Key Questions and Themes in FDA’s Request

With a focus on methods that are currently deployed at scale in real-world environments, supported by real-world evidence, and applied in clinical settings, FDA seeks comments on the following topic areas:

  1. Performance Metrics and Indicators.  What indicators best measure safety, effectiveness, and reliability?  How should they be defined and weighted?
  2. Real-World Evaluation Methods and Infrastructure.  What tools and processes support proactive post-deployment monitoring?  What’s the role of human review vs. automation?
  3. Postmarket Data Sources and Quality Management.  Which real-world data sources (e.g., EHRs, device logs, patient-reported outcomes) are most effective?  How do stakeholders address data quality, completeness, and interoperability challenges?  What methods successfully integrate outcomes and feedback into model updates?
  4. Monitoring Triggers and Response Protocols.  What triggers deeper evaluation?  How should organizations respond to performance degradation in real-world settings?
  5. Human-AI Interaction and User Experience.  How do user behaviors impact performance?  What design, training, or communication strategies help maintain safe use over time?
  6. Additional Considerations and Best Practices.  What best practices, barriers to implementation, and incentives have supported these efforts, including to maintain patient privacy and data protections?

How Does the Request Fit Within FDA’s Broader Approach to Real-World Evidence?

Real-world evidence (RWE) is central to the Request.  FDA has invested heavily in RWE policy and science for drugs and devices (indeed, stakeholders are eagerly awaiting the Agency’s finalized device-specific RWE guidance, expected in FY26).  To date, most of FDA’s RWE guidance has focused on one-time studies designed to inform regulatory decisions.  By contrast, the Request emphasizes continuous, real-world performance monitoring, which presents different challenges.  To be clear, although FDA has experience leveraging RWE for postmarket surveillance and pharmacovigilance, FDA’s Request introduces new questions in the RWE space, including whether current evaluation methods are equipped to “predict behavior in dynamic, real-world environments.”

Stakeholders Should Consider Providing Comments to FDA

Comments must be submitted to Docket No. FDA-2025-N-4203 by December 1, 2025.  Covington’s Digital Health team is closely following FDA’s evolving approach to AI oversight.  Please feel free to contact our team for guidance as you evaluate how this Request may impact your organization’s AI monitoring and evaluation strategies.

Photo of Olivia Dworkin Olivia Dworkin

Olivia Dworkin minimizes regulatory and litigation risks for clients in the pharmaceutical, food, consumer brands, digital health, and medical device industries through strategic advice on FDA compliance issues.

Olivia defends her clients against such litigation as well, representing them through various stages of…

Olivia Dworkin minimizes regulatory and litigation risks for clients in the pharmaceutical, food, consumer brands, digital health, and medical device industries through strategic advice on FDA compliance issues.

Olivia defends her clients against such litigation as well, representing them through various stages of complex class actions and product liability matters. She maintains an active pro bono practice that focuses on gender-based violence, sexual harassment, and reproductive rights.

Photo of Christina Kuhn Christina Kuhn

Christina Kuhn provides pharmaceutical and medical device companies advice on a variety of federal and state regulatory matters.

Photo of Joe Franklin Joe Franklin

Joe Franklin’s practice includes emerging medical technologies, research uses of real world and clinical trial data, and the deployment of artificial intelligence in healthcare and biopharma. He brings experience in both government and the health tech sector to advise clients on the unique…

Joe Franklin’s practice includes emerging medical technologies, research uses of real world and clinical trial data, and the deployment of artificial intelligence in healthcare and biopharma. He brings experience in both government and the health tech sector to advise clients on the unique challenges and opportunities posed by evolving regulatory frameworks for novel technologies.

Joe was at Verily, Alphabet’s precision health company, from 2021-2024, where his roles included Chief Counsel for Regulatory and Strategic Affairs.

During his years of federal service, Joe held several senior policy roles at FDA, including as policy director for FDA Principal Deputy Commissioner Amy Abernethy. At FDA, Joe played a central role in the Agency’s technology and data modernization strategy and had responsibilities for a broad portfolio of regulatory and scientific programs. While in FDA’s Center for Drug Evaluation and Research (CDER), Joe built and led the biosimilars policy staff in the Office of New Drugs (OND). Joe was FDA’s Deputy Chief of Staff in 2015.

While serving in FDA’s Office of the Chief Counsel, Joe advised CDER and the Office of the Commissioner on biosimilars, emergency use authorizations, user fees, and controlled substances, among other issues. During the COVID-19 pandemic, Joe worked within the HHS General Counsel’s Immediate Office to advise on the federal response.

Photo of Wade Ackerman Wade Ackerman

Through more than a decade of experience in private practice and positions within the FDA and on the Hill, Wade Ackerman has acquired unique insights into the evolving legal and regulatory landscape facing companies marketing FDA-regulated products. Mr. Ackerman advises clients on FDA…

Through more than a decade of experience in private practice and positions within the FDA and on the Hill, Wade Ackerman has acquired unique insights into the evolving legal and regulatory landscape facing companies marketing FDA-regulated products. Mr. Ackerman advises clients on FDA regulatory matters across a range of sectors, including drugs and biologics, cosmetics, medical devices and diagnostics, and digital health products and services associated with drugs and traditional devices. He serves as one of the leaders of Covington’s multidisciplinary Digital Health Initiative, which brings together the firm’s considerable resources across the broad array of legal, regulatory, commercial, and policy issues relating to the development and marketing of digital health technologies.

Photo of Scott Danzis Scott Danzis

Scott Danzis practice focuses primarily on the regulation of medical devices, but also includes regulation of drugs, biologics, and tobacco products. Mr. Danzis regularly works with companies in developing strategies for interacting with the U.S. Food and Drug Administration (FDA), including strategies for…

Scott Danzis practice focuses primarily on the regulation of medical devices, but also includes regulation of drugs, biologics, and tobacco products. Mr. Danzis regularly works with companies in developing strategies for interacting with the U.S. Food and Drug Administration (FDA), including strategies for clinical development and premarket review (including appeals and dispute resolution, when needed). He also advises on compliance with postmarket requirements, including advertising and promotion restrictions, quality system and manufacturing requirements, postmarket reporting, recalls, and enforcement actions.