Viewpoint

Preemption at the Intersection of Health Care and Artificial Intelligence

JAMA 10.1001/jama.2026.0061

February 11, 2026 at 11:00 AM EST

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This Viewpoint discusses the executive order signed by President Trump regarding a national policy framework for artificial intelligence (AI), including what it means for medical AI regulation, the legal questions it raises, and the merits of state-level experimentation in health care regulation.

Corresponding Author: Carmel Shachar, JD, MPH, Center for Health Law and Policy Innovation, Harvard Law School, 1585 Massachusetts Ave, Cambridge, MA 02138 (cshachar@law.harvard.edu).

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