{"id":6308,"date":"2026-09-17T22:55:06","date_gmt":"2026-09-17T22:55:06","guid":{"rendered":"https:\/\/homecares.net\/?p=6308"},"modified":"2026-09-17T22:55:06","modified_gmt":"2026-09-17T22:55:06","slug":"the-business-of-health-with-chip-kahn-explores-the-high-stakes-of-regulating-artificial-intelligence-in-modern-medicine","status":"publish","type":"post","link":"https:\/\/homecares.net\/?p=6308","title":{"rendered":"The Business of Health with Chip Kahn Explores the High Stakes of Regulating Artificial Intelligence in Modern Medicine"},"content":{"rendered":"<p>Artificial intelligence is rapidly transforming the landscape of modern healthcare, promising enhanced diagnostic accuracy, streamlined administrative workflows, and personalized treatment plans. However, integrating this transformative technology into a heavily regulated medical system creates unprecedented challenges for policymakers, healthcare providers, and federal agencies. In Episode 15 of The Business of Health podcast series, host Charles N. &quot;Chip&quot; Kahn III sat down with Dr. Brian Miller, a practicing hospitalist, former federal official, and associate professor at Johns Hopkins University, to dissect the friction that occurs when modern, adaptive machine learning technologies collide with regulatory frameworks designed nearly half a century ago. <\/p>\n<p>The core dilemma centers on the U.S. Food and Drug Administration (FDA) and its historical medical device framework, largely codified in its modern form by the Medical Device Amendments of 1976. Originally constructed to evaluate static, physical instruments ranging from pacemakers to orthopedic implants, this legacy framework struggles to accommodate software that continuously learns, evolves, and changes its operational outputs based on incoming clinical data. <\/p>\n<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_82_2 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title\" style=\"cursor:inherit\">Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/homecares.net\/?p=6308\/#A_Legacy_Framework_Facing_21st-Century_Innovation\" >A Legacy Framework Facing 21st-Century Innovation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/homecares.net\/?p=6308\/#The_Hidden_Vulnerabilities_of_Conventional_Medicine\" >The Hidden Vulnerabilities of Conventional Medicine<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/homecares.net\/?p=6308\/#The_Broader_Regulatory_Landscape_and_Recent_Policy_Milestones\" >The Broader Regulatory Landscape and Recent Policy Milestones<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/homecares.net\/?p=6308\/#Host_and_Guest_Expertise_Informing_the_Debate\" >Host and Guest Expertise Informing the Debate<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/homecares.net\/?p=6308\/#Implications_for_the_Future_of_Healthcare_Delivery\" >Implications for the Future of Healthcare Delivery<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/homecares.net\/?p=6308\/#Conclusion_Navigating_the_Intersection_of_Innovation_and_Safety\" >Conclusion: Navigating the Intersection of Innovation and Safety<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"A_Legacy_Framework_Facing_21st-Century_Innovation\"><\/span>A Legacy Framework Facing 21st-Century Innovation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>To understand the magnitude of the current regulatory bottleneck, one must examine the origins of federal oversight for medical technologies. Enacted in 1976, the Medical Device Amendments granted the FDA comprehensive authority to ensure the safety and efficacy of medical devices before they enter commercial markets. Under this paradigm, manufacturers submit a fixed product specification for review. Once cleared or approved, any substantial modification to the device typically triggers a new regulatory submission.<\/p>\n<p>Artificial intelligence and machine learning (AI\/ML) algorithms, however, inherently defy this static model. Advanced diagnostic algorithms are designed to adapt, retrain, and optimize their performance automatically as they ingest massive volumes of patient data from diverse clinical environments. When an AI algorithm shifts its internal pathways to improve diagnostic accuracy, it technically becomes a moving target. <\/p>\n<p>During the podcast discussion, Dr. Miller provided a unique perspective on this friction, drawing from his extensive background as a clinician, researcher, and veteran of multiple federal agencies, including the Centers for Medicare &amp; Medicaid Services (CMS), the Federal Trade Commission (FTC), the Federal Communications Commission (FCC), and the FDA. Miller argued that the greatest hazard facing the healthcare sector is not necessarily the rapid velocity of technological deployment, but rather the threat of fear-driven, overly restrictive regulation. He cautioned that if federal regulators attempt to straitjacket adaptive AI into rigid, 20th-century paradigms, the United States risks forfeiting monumental opportunities to improve clinical outcomes and operational efficiency.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"The_Hidden_Vulnerabilities_of_Conventional_Medicine\"><\/span>The Hidden Vulnerabilities of Conventional Medicine<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>One of the most provocative arguments raised by Dr. Miller challenges a foundational assumption held by many patients and policymakers: that the status quo of human-driven medicine is inherently safe and consistent. Miller noted that the manual, paper-and-human system of healthcare operating today suffers from widespread variability, human error, and inconsistent adherence to evidence-based guidelines. <\/p>\n<figure class=\"article-inline-figure\"><img decoding=\"async\" src=\"https:\/\/www.kff.org\/wp-content\/uploads\/sites\/7\/2026\/09\/BoH_Ep15_Brian-Miller_Promo-Images_16x9.png\" alt=\"FDA Regulation and the Dynamic Nature of AI\" class=\"article-inline-img\" loading=\"lazy\" \/><\/figure>\n<p>Medical errors and diagnostic inconsistencies have long plagued clinical practice. According to landmark studies historically published by the Institute of Medicine, preventable medical errors contribute significantly to patient morbidity and mortality annually. Routine clinical decisions often rely heavily on the subjective judgment of individual practitioners, leading to regional disparities in care quality and patient outcomes. <\/p>\n<p>In this light, Miller suggested that comparing AI to a flawless, idealized human baseline is a false equivalency. Instead, regulators and clinical leaders must compare the performance of AI systems against the baseline of current human practice, which is frequently marred by fatigue, cognitive bias, and information overload. When viewed through this lens, well-validated AI tools have the potential to reduce diagnostic variance and serve as a reliable safety net for clinicians managing complex patient cases.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"The_Broader_Regulatory_Landscape_and_Recent_Policy_Milestones\"><\/span>The Broader Regulatory Landscape and Recent Policy Milestones<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The conversation between Kahn and Miller was recorded during a pivotal window for federal health policy, occurring shortly before the FDA released a highly anticipated discussion paper outlining potential new regulatory pathways for AI-enabled medical devices. This timing underscores the urgency with which federal agencies are attempting to establish a coherent oversight strategy.<\/p>\n<p>Over the past several years, the FDA has taken progressive steps to adapt its regulatory posture. In 2019, the agency released a proposed regulatory framework for modifications to artificial intelligence and machine learning-based software as a medical device (SaMD). This proposal introduced the concept of a &quot;Predetermined Change Control Plan&quot; (PCCP), which allows manufacturers to outline anticipated algorithm modifications and the methodology used to implement them safely prior to commercial distribution. <\/p>\n<p>Subsequent legislative and administrative actions have further accelerated these efforts. In late 2022 and throughout 2023, the White House and the Department of Health and Human Services (HHS) issued executive orders and strategic plans prioritizing the safe, equitable, and transparent deployment of artificial intelligence across the federal government and regulated industries. As health systems increasingly adopt large language models, predictive analytics, and automated imaging tools, the demand for clear, predictable regulatory pathways has reached a critical juncture.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Host_and_Guest_Expertise_Informing_the_Debate\"><\/span>Host and Guest Expertise Informing the Debate<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The dialogue on The Business of Health brings together two prominent figures with deep institutional knowledge of health economics, federal policy, and clinical practice. <\/p>\n<p>Charles N. &quot;Chip&quot; Kahn III, the host of the podcast series, serves as a senior visiting fellow at KFF (Kaiser Family Foundation), a visiting senior fellow at the American Enterprise Institute (AEI), and a nonresident senior scholar at the University of Southern California\u2019s Schaeffer Center for Health Policy &amp; Economics. Furthermore, Kahn co-chairs the international Future of Health collaborative, positioning him at the intersection of macroeconomic health policy and practical healthcare delivery. At the conclusion of Episode 15, Kahn provides his own analytical commentary on the FDA&#8217;s policy documents, synthesizing how regulatory shifts will ultimately impact health system economics and patient access.<\/p>\n<figure class=\"article-inline-figure\"><img decoding=\"async\" src=\"https:\/\/www.kff.org\/wp-content\/uploads\/sites\/7\/2026\/09\/Brian-Miller_600x600.png\" alt=\"FDA Regulation and the Dynamic Nature of AI\" class=\"article-inline-img\" loading=\"lazy\" \/><\/figure>\n<p>Dr. Brian Miller brings an exceptionally diverse resume to the discussion. In addition to maintaining an active clinical practice as a hospitalist at The Johns Hopkins Hospital, Miller serves as an Associate Professor of Medicine and Business at Johns Hopkins University and a Visiting Fellow at the Hoover Institution. His professional footprint spans multiple federal regulatory bodies, giving him firsthand insight into interagency dynamics involving medical product review, antitrust enforcement, telecommunications policy, and public health financing. <\/p>\n<p>Furthermore, Dr. Miller contributes to high-level national policy decisions through his service as a Commissioner on the Medicare Payment Advisory Commission (MedPAC), which advises Congress on the financing and management of the $1 trillion Medicare program. He also serves as a Trustee for the North Carolina State Health Plan, a $4.5 billion program providing health coverage to over 750,000 state employees, dependents, and retirees. <\/p>\n<h3><span class=\"ez-toc-section\" id=\"Implications_for_the_Future_of_Healthcare_Delivery\"><\/span>Implications for the Future of Healthcare Delivery<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The implications of how the federal government chooses to regulate medical AI extend far beyond regulatory compliance departments; they directly influence venture capital investment, clinical innovation, and patient outcomes. <\/p>\n<p>If regulatory approval processes are excessively cumbersome, protracted, or unpredictable, small-to-midsize health tech startups may struggle to secure the capital necessary to bring life-saving algorithms to market. This dynamic could stifle competition and consolidate market power among massive technology conglomerates and established health systems. Conversely, an overly permissive regulatory environment could expose patients to algorithmic bias, data privacy breaches, and erroneous clinical recommendations that could compromise patient safety.<\/p>\n<p>Striking the appropriate regulatory balance requires what health policy experts term &quot;adaptive regulation.&quot; This approach involves continuous post-market surveillance, where developers and regulators monitor algorithm performance in real-world clinical settings rather than relying solely on pre-market clinical trials. By leveraging real-world data, the FDA can track whether an AI tool maintains its accuracy and safety profile across diverse patient populations and changing clinical environments.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Conclusion_Navigating_the_Intersection_of_Innovation_and_Safety\"><\/span>Conclusion: Navigating the Intersection of Innovation and Safety<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>As artificial intelligence continues to redefine the boundaries of medical science, the debate captured in Episode 15 of The Business of Health highlights the profound challenges of governing modern technology with vintage legal instruments. The insights shared by Dr. Brian Miller and host Chip Kahn emphasize that the ultimate goal of healthcare regulation must be to protect patients without inadvertently blocking life-saving innovations. <\/p>\n<p>As federal agencies refine their policy guidelines and Congress contemplates legislative updates, the medical community, technology developers, and policymakers must collaborate to build a flexible, evidence-based regulatory architecture. Only through a modernized framework can the healthcare system harness the full potential of artificial intelligence while safeguarding the health and well-being of millions of patients.<\/p>\n<!-- RatingBintangAjaib -->","protected":false},"excerpt":{"rendered":"<p>Artificial intelligence is rapidly transforming the landscape of modern healthcare, promising enhanced diagnostic accuracy, streamlined administrative workflows, and personalized treatment plans. However, integrating this transformative technology into a heavily regulated medical system creates unprecedented challenges for policymakers, healthcare providers, and federal agencies. In Episode 15 of The Business of Health podcast series, host Charles N. &hellip;<\/p>\n","protected":false},"author":1,"featured_media":6307,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[138],"tags":[831,487,488,1033,142,140,141,1085,569,489,65,139,419,501,2053,1677],"newstopic":[],"class_list":["post-6308","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-medicare-health-insurance","tag-artificial","tag-business","tag-chip","tag-explores","tag-health","tag-health-insurance","tag-health-policy","tag-high","tag-intelligence","tag-kahn","tag-medicaid","tag-medicare","tag-medicine","tag-modern","tag-regulating","tag-stakes"],"_links":{"self":[{"href":"https:\/\/homecares.net\/index.php?rest_route=\/wp\/v2\/posts\/6308","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/homecares.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/homecares.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/homecares.net\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/homecares.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6308"}],"version-history":[{"count":0,"href":"https:\/\/homecares.net\/index.php?rest_route=\/wp\/v2\/posts\/6308\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/homecares.net\/index.php?rest_route=\/wp\/v2\/media\/6307"}],"wp:attachment":[{"href":"https:\/\/homecares.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6308"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/homecares.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6308"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/homecares.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6308"},{"taxonomy":"newstopic","embeddable":true,"href":"https:\/\/homecares.net\/index.php?rest_route=%2Fwp%2Fv2%2Fnewstopic&post=6308"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}