Health Law Advisor

On July 23, 2025, the president signed three AI-related Executive Orders (“E.O.s”) to accompany the recently released White House’s Artificial Intelligence (AI) Action Plan (“AI Action Plan”). These E.O.s seek to add clarity to, and drive forward, federal policy in the AI space.

While they all relate to AI, the E.O.s otherwise vary considerably in subject matter: “Accelerating Federal Permitting of Data Center Infrastructure”; “Promoting the Export of the American AI Technology Stack”; and “Preventing Woke AI in the Federal Government.”

As we noted in our July 24 blog, the White House is clearly determined to outpace other countries so that the U.S. benefits from any gains provided by AI through building AI infrastructure and bolstering AI-related exports. The Center for Data Innovation, from its perspective, stated in a press release that the actions pursued by the executive orders will advance U.S. goals of global AI dominance and enable the U.S. to better compete with China.

The long-awaited White House Artificial Intelligence (AI) Action Plan (“AI Action Plan”) is here, setting forth the Trump administration’s policy recommendations to achieve the goal of “global AI dominance.”

The White House released the AI Action Plan on July 23, 2025, and delivered remarks on the plan during an AI summit. The same day, the president signed three AI-related Executive Orders to further the AI Action Plan, relating to: 1) “Accelerating Federal Permitting of Data Center Infrastructure”; 2) “Promoting the Export of the American AI Technology Stack”; and 3) “Preventing Woke AI in the Federal Government.” Yet it remains to be seen whether and how successfully the AI Action Plan will unfold—particularly with respect to impacts on incongruous state regulatory action.

Likening the global AI race to the space race during the Cold War, the introduction to the 28-page AI Action Plan emphasizes the need “to innovate faster and more comprehensively than our competitors in the development and distribution of new AI technology across every field and dismantle unnecessary regulatory barriers that hinder the private sector in doing so.” 

It’s July, and the White House Artificial Intelligence (“AI”) Action Plan (“Action Plan” or “the plan”) is almost here.

In Executive Order 14179 of January 23, 2025—entitled “Removing Barriers to American Leadership in Artificial Intelligence”—President Donald Trump directed federal officials to develop an Action Plan to achieve the policies of sustaining and enhancing America’s dominance in global AI. The plan is expected to drop by July 23, to coincide with an address by the President outlining his vision for American AI.

The release of the Action Plan will follow a number of recent developments in AI at the state and federal levels that show no signs of abating. On July 15, for instance, the White House announced $90 billion in energy and data center investments in Pennsylvania, according to Reuters. Bloomberg reported the same day that President Trump is planning to sign another executive order to implement the Action Plan upon its release to push the policy forward.

On June 22, 2025, Texas Governor Greg Abbott signed into the law the Texas Responsible Artificial Intelligence Governance Act (TRAIGA) or (the Act). The Act, which goes into effect January 1, 2026, “seeks to protect public safety, individual rights, and privacy while encouraging the safe advancement of AI technology in Texas.”

Formerly known as HB 149, the Act requires a government agency to disclose to consumers that they are interacting with AI—no matter how obvious this might appear—through plain language, clear and conspicuous wording requirements, and more. The same disclosure requirement also applies to providers of health care services or treatment, when the service or treatment is first provided or, in cases of emergency, as soon as reasonably possible.

The Act further prohibits the development or deployment of AI systems intended for behavioral manipulation, including AI intended to encourage people to harm themselves, harm others, or engage in criminal activity (see a post by our colleagues on Utah’s regulation of mental health chatbots).

New York State appears poised to become the fourth state to explicitly regulate consumer health data not covered by the federal Health Insurance Portability and Accountability Act (HIPAA). In May of 2023, Washington State enacted the My Health My Data Act; in June of 2023, Connecticut amended its Data Privacy Act; and in March of 2024, Nevada passed Senate Bill 370. In many respects, NY HIPA is broader in scope and effect than its three predecessors.

New York’s S929 (Health Information Privacy Act or NY HIPA), sponsored by state Senator Liz Krueger (D), establishes requirements for communications to individuals regarding the disposition of their health information; and requires written consent or a designated necessary purpose for the processing of such health information. NY HIPA addresses vulnerabilities unaddressed by HIPAA because it applies to a broader range of private companies and protects health information at risk of disclosure through the commercialization of health data.