McCarthy Tétrault's Health And Sciences Seminar Series – Key Takeaways

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McCarthy Tétrault LLP

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McCarthy Tétrault LLP provides a broad range of legal services, advising on large and complex assignments for Canadian and international interests. The firm has substantial presence in Canada’s major commercial centres and in New York City, US and London, UK.
This article sets out key takeaways from McCarthy Tétrault's recent three-part Health and Sciences Seminar Series, which included panel discussions with industry leading experts on the topics of artificial intelligence.
Canada Food, Drugs, Healthcare, Life Sciences
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This article sets out key takeaways from McCarthy Tétrault's recent three-part Health and Sciences Seminar Series, which included panel discussions with industry leading experts on the topics of artificial intelligence in healthcare, the state of national pharmacare in Canada, and the changing landscape of healthcare systems.

Panel discussion #1: AI in Healthcare

On May 22, 2024, McCarthy Tétrault hosted a panel discussion on Artificial Intelligence ("AI") in Healthcare, with panelists Carl Hansen (Chairman, CEO & President of AbCellera) and Handol Kim (CEO of Variational AI). The discussion was moderated by Dana Siddle (Partner and Health Industry Group Co-Lead at McCarthy Tetrault).

Speakers provided practical and insightful guidance on current and future uses of AI in healthcare and drug discovery, limitations and risks of AI, regulation of AI, and more.

Key takeaways:

AI is a tool

There is a distorted view that AI is the answer to every problem. AI is a tool, and not, on its own, a solution. Organizations will need robust processes and expertise in place in order to successfully incorporate and implement AI technologies.

AI will have specific applications in healthcare

AI is not a monolithic technology, but a collection of methods and algorithms that need to be tailored to the domain and the question at hand. In the future, AI will likely permeate the healthcare industry, but each application will be tailored for a specific function.

Availability of high-quality data sets is crucial for success

The organization and readability of a data set, the volume of data, and the relevance of the data to the specific problem all have significant implications for its usefulness. The utility of a poorly organized dataset is comparable to a non-existent one.

Not all AI applications are imminent

Currently, the best uses cases for AI are repetitive, high-throughput processes or review and analysis of extensive data. Decades of development will contribute to more complex applications, such as predictive technologies.

Regulation of AI needs to be balanced against the benefits of innovation

It is difficult for governments to regulate a technology that is still not even fully understood by AI experts. The risk of applying a one-size-fits-all approach in the regulation of AI is that compliance regimes may be overly onerous or even prohibitive of development.

Marriage of human intelligence and AI is imperative

Human experts in their respective fields have accumulated years of experience, knowledge and judgment that is not replicated by AI. It is important to maintain human oversight of the work of AI. Further, high-risk uses of AI, such as identification of novel drugs for use in humans, will require extensive validation and testing once AI has identified a potential candidate.

Panel discussion #2: Pharmacare Policy Prescriptions

On May 29th, 2024, McCarthy Tétrault hosted a presentation and panel discussion on the state of national pharmacare in Canada, with panelists Chris Bonnett (Principal Consultant at H3 Consulting) and Awanish Sinha (Partner and Public Sector Co-Lead at McCarthy Tétrault). The discussion was moderated by Dorothy Charach (Partner and Health Industry Group Co-Lead at McCarthy Tétrault).

Chris Bonnett provided a presentation on the history of pharmacare in Canada, following which the panelists discussed the current state of pharmacare in Canada and the opportunities for its future development.

Key takeaways:

A Complex and Contentious Issue

National pharmacare has been a topic of discussion in Canada for decades, but it remains a complex and contentious issue. The idea of a national pharmacare plan has been around for a long time, but it has yet to become a reality and the role of the federal government in the development of a national pharmacare plan is unclear.

The Current State of Pharmacare

The current state of pharmacare in Canada is far from ideal. While there seems to be broad agreement by governments over the years that Canada should have a nationwide plan, the details of such a plan remain elusive. The federal government has recently tabled a bill that would provide coverage for two categories of medications: diabetes and contraceptives; however, this is a far cry from the comprehensive national plan that many advocates have been calling for.

Challenges Ahead

The cost of a national pharmacare plan is difficult to estimate and there are many assumptions built into the models that have been used to predict significant cost savings. These assumptions may not hold up in the real world, and the actual cost of a national pharmacare plan could be much higher than predicted.

Future of Pharmacare

An important question that both the private sector and government face is: how do we find an authentic and meaningful way to have a real conversation about a new type of policy formation? There's opportunity for collaboration between business, academia and government in a way that creates the best policy for Canadians that properly focuses on those who currently do not have comprehensive drug plans.

Panel discussion #3: The Changing Landscape for the Healthcare Industry

On June 12th, 2024, McCarthy Tétrault hosted a panel discussion on the changing landscape for the healthcare industry in Canada, with panelists Marc Toppings (Vice President and Chief Legal Officer of University Health Network) and Zayna Khayat (Health Futurist at Deloitte Canada and adjunct faculty at the Rotman School of Management, University of Toronto). The discussion was moderated by Darryl Cruz (Partner and Healthcare Practice Co-Lead at McCarthy Tétrault).

The panelists discussed the technological, social, and environmental changes that are impacting the healthcare industry, as well as the challenges and opportunities that lie ahead.

Key takeaways

Challenges in Healthcare

The healthcare industry in Canada is facing numerous external and internal challenges, including inflation, an aging population, surgical backlog from the COVID-19 pandemic, societal pressures, and fragmentation of care and data.

Opportunities for Improvement

There are opportunities to provide more holistic treatment across the system, such as primary care in non-hospital settings, social care embedded in sick care, and better coordination of services and funding.

Future of Healthcare

It is predicted that the future of healthcare will be proactive (if not predictive), precise, decentralized, and virtual, with a shift from paying for inputs to paying for results. Digital technologies, including AI tools such as scribes and virtual assistants, and research investment will play a key role in enabling this transformation.

Change in Mindset

The speakers advocated a focus on creating the future rather than preserving the past; the need for innovators that will push the limits in order to address the healthcare challenges across the country.

Global Collaboration

Very few of the issues that Canada's healthcare system is facing are unique to Canada. There is an opportunity to collaborate with other countries on these larger issues and leverage a larger pool of research and innovation efforts.

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