Welcome to the latest installment of Arnold & Porter’s Virtual and Digital Health Digest. This digest covers key virtual and digital health regulatory and public policy developments during July and early August 2025 from the the United Kingdom, and European Union.
The UK government has published a number of initiatives and responses to consultations this month
With increased consolidation of traditional medical practices and declining reimbursement rates, many physicians are turning to alternative models like concierge medicine to preserve their independence. Concierge medicine allows physicians to offer personalized, high-quality care to patients in exchange for a membership fee. This model is governed by private service agreements that outline the relationship between
The Centers for Medicare & Medicaid Services (“CMS”) has announced a Health Tech Ecosystem initiative, developed in response to a May 2025 request for information (“RFI”) to solicit suggestions from stakeholders on ways to modernize the nation’s digital health ecosystem.
The initiative focuses on two main areas: (1) promoting a CMS Interoperability Framework to easily
Meta Inc., the parent company of Facebook, Instagram and WhatsApp, has been found liable by a California federal jury for improperly using sensitive reproductive health data to run targeted ads, in a case involving the popular Flo Health period-tracking app. Eight women brought the lawsuit on behalf of a class of up to 38 million
The Centers for Medicare & Medicaid Services recently published the calendar year (“CY”) 2026 proposed rule for Medicare payment for services provided in hospital outpatient departments under the Outpatient Prospective Payment System (“OPPS”) and services provided in ambulatory surgery centers (“ASCs”) (“the Proposed Rule”). Comments are due by September 15, 2025.
An article published in the August 2025 issue of New Jersey Lawyer, a New Jersey State Bar Association publication, notes:
“The concept of artificial intelligence has permeated almost all aspects of society. AI is being implemented more and more each day by major technology companies to try to improve daily living and optimize the delivery
Examining the threshold for legal intervention and lessons from the courts
In recent years, Medicare providers across the United States have faced a rising number of audit notices alleging overpayments—sometimes for relatively modest sums such as $25,000, $30,000, or even less. This trend presents a dilemma for providers: the cost of legal representation often exceeds
On July 18, 2025, the European Commission released its guidelines on the obligations for providers of general-purpose AI (GPAI) models under the European Union’s AI Act. This is an important development for companies, including in the Life Sciences sector, building their own GPAI models, as well as using, integrating and/or further developing third-party GPAI as
Dominic Villa has kindly pointed out a recent amendment to the Uniform Civil Procedure Rules 2005 (NSW), as follows:
35.3B Use of generative artificial intelligence in affidavits
(1) Generative artificial intelligence must not be used to generate the content of an affidavit.
(2) An affidavit must include a statement that generative artificial intelligence was not
In June 2025, the Department of Justice (DOJ) announced its 2025 National Health Care Fraud Takedown, marking the largest coordinated healthcare fraud enforcement action in DOJ history. The sweep included charges against a range of actors including alleged transnational criminal organizations, providers of allegedly fraudulent wound care, alleged prescription opioid traffickers, alleged telemedicine, and