by Wade Emmert

Wade’s Health Law Highlights for October 13, 2026

Fraud & Abuse Enforcement

Medicare & Medicaid Policy

Payers & Insurers

Artificial Intelligence

  • States continue to enact laws governing AI in health care, including two Texas laws that require providers to disclose AI use to patients. The Texas Responsible Artificial Intelligence Governance Act, effective January 1, 2026, requires providers that use AI in a patient’s care to disclose it no later than the date service is first provided, and University Health and Houston Methodist have built the disclosure into their consent processes. Texas SB 1188, effective September 1, 2025, permits AI diagnosis and treatment recommendations if practitioners disclose the use and review AI-generated records, requires patient EHRs to be stored in the U.S., and sets civil penalties of up to $250,000 when protected health information is used for financial gain. California enacted AB 1979 and SB 503 on September 30, 2026, protecting clinician judgment when AI tools are used and requiring developers and deployers of clinical decision support systems to reduce and monitor bias. Iowa now bars AI from being the sole basis for denying a prior authorization request, and Rhode Island, Maine, and Illinois restrict AI in therapy and require patient notice or consent. Source: Becker’s Hospital Review
  • HIPAA’s coverage turns on who holds health data rather than on the data itself, leaving a growing share of consumer health information and AI tools outside health-specific regulation. Records a patient directs to a third-party app lose HIPAA protection, and the FDA’s January 2026 General Wellness revision lets noninvasive trackers of blood pressure, oxygen saturation, and glucose trends avoid device review if they make no disease claims. The same AI tool can be a business associate when a hospital deploys it and an unregulated consumer app when a patient selects it, which leaves health system counsel unable to classify such tools. Recommendations include HHS guidance classifying AI intermediaries that handle clinical data and a congressional rewrite tying obligations to the function performed and the sensitivity of the data. For Texas, the recommendations call for clarifying when AI interpretation of health data is the practice of medicine, setting contract standards for AI tools in Medicaid managed care, and funding remote-monitoring programs in rural areas. Source: Baker Institute
  • Houston Methodist increased cardiothoracic surgical volume by 7%, about 25 additional cases a month, after deploying an image-based AI platform in its 15-room suite. The health system measured the gain against a synthetic control built from other Houston Methodist operating room sites that had not adopted the technology. The platform, from vendor Apella, automatically identifies perioperative events and feeds dashboards, scheduling tools, and reports used by OR leaders, anesthesia, surgeons, housekeeping, and infection control. Case mix and operative minutes stayed stable while turnover times fell, so the added cases came from using existing OR hours more efficiently. Median late-start minutes fell about 2.7 minutes per case, a result the system describes as exploratory. Source: Healthcare IT News

HIPAA & Data Privacy

  • A breach of legacy Cerner servers owned by Oracle Health exposed the health information of nearly 20 million people at up to 80 U.S. hospitals. A single attacker used stolen credentials to access two servers not yet migrated to Oracle Cloud between January 22 and April 1, 2026, took names, Social Security numbers, diagnoses, medications, test results, and medical images, and then demanded a ransom to prevent disclosure. State notifications show 2,992,244 affected individuals in Texas, 1,978,661 in Oregon, 283,903 in South Carolina, and 69,238 in Washington. Affected providers include AdventHealth, Aultman Health System, Baptist Health South Florida, and Munson Healthcare. Class actions filed against Oracle Health allege negligence, delayed notification, and violations of HIPAA and state breach notification laws. Source: Rescana
  • A signed business associate agreement does not make a marketing tool HIPAA-compliant or cover the ad platforms and tracking pixels that receive patient data downstream. Hashed emails, IP addresses, and device IDs placed next to health context can be PHI, and hashing does not satisfy either HIPAA de-identification method. Server-side tagging changes where data is collected but not what is disclosed, and a vendor’s promise to strip PHI after receipt does not cure the disclosure. Disclosing PHI to a third party for marketing requires a HIPAA authorization, which a privacy policy or cookie banner cannot replace, and EHR data piped into customer data platforms can reach ad platforms through audience syncs. State wiretap and medical confidentiality class actions, with class periods reaching back to when a tag was installed, present the largest financial exposure. Source: MarTech

FDA Enforcement

  • FDA warned Amazon and Walmart that over-the-counter products marketed for genital herpes symptoms and shipped through their fulfillment services are unapproved new drugs. FDA bought the products through amazon.com and walmart.com in July 2026, and the October 1 letters cover nine products sold through Fulfillment by Amazon and three sold through Walmart Fulfillment Services, including HClear for him, Herstat GST, and Terragen HG Formula on both sites. FDA cited label claims such as “fast-acting genital herpes symptom relief” and “reduces recurrence” and stated that it has not approved any OTC drug to treat, cure, or prevent a sexually transmitted infection, so distributing the products violates sections 301(d) and 505(a) of the Federal Food, Drug, and Cosmetic Act. Products labeled homeopathic remain subject to approval requirements, and five of the Amazon products fall outside FDA’s homeopathic enforcement guidance because they contain lemongrass, which the Homeopathic Pharmacopeia of the United States does not list. Walmart and Amazon each have 15 business days to respond. Source: FDA
  • Leader Formulas of Tomball, Texas, recalled one lot of RAPTURE Preworkout after FDA testing found 1,3-dimethylamylamine (DMAA). DMAA can raise blood pressure and lead to heart attack, shortness of breath, and chest tightening. The recalled lot, 260327-4, includes Rainbow Twist, Electric Lemonade, and Berry Mojito flavors sold in 450g containers. The company distributed the product nationwide from January 29, 2025, through May 25, 2026, through retail stores and its website. Consumers should stop using it and return it for a refund, and the company has received no adverse event reports. Source: FDA
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