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Epic v. Health Gorilla: “Working as Designed”
We’ve been on a bit of a legal bender since just before Labor Day, so let’s keep a good thing going! As predicted, Epic does not want its case against Health Gorilla consolidated with the data breach cases, so it filed a motion to vacate the conditional transfer. And because they had to explain to the Panel why this case is different, they put a good chunk of previously unseen Epic v. Health Gorilla discovery record on the public docket! Roll the tape! The Case Against Consolidation Before we get to the fun stuff, let’s do the housekeeping. Epic's motion boils down to three arguments (sorted in ascending order of how well they land): A judge has already decided this. Judge Olguin declined to relate the fraud action to another ELU case (Patterson v. UVA Health), holding that the two do not call for determination of substantially similar questions of law or fact. Epic asks the Panel to treat that (a Rule 42 ruling) as law of the case. The overlap is thin. The three common questions Health Gorilla and the Panel identified are neither numerous nor complex (the qualities the Panel looks for before centralizing). Moreover, they are outnumbered by the questions unique to each side: The breach cases turn on security architecture, notification timing, and patient-level access. The fraud action turns on false treatment attestations and breaches of the framework agreements. Consolidation costs more than it saves. 17 of 21 parties in the fraud action do not appear in a breach case. The cases are also at very different stages: Olguin has a scheduling order running through a January 2028 trial while the breach actions are much more nascent. I like the last two more than the first because they attack the basic economics of an MDL: there just may not be enough shared discovery here to justify dragging all the defendants and a relatively mature fraud case all the way to Florida. On the other hand (while I know exceedingly little about MDL and Rule 42), I have a hard time seeing why a district judge's decision about his own docket would control what the Panel does with the separate § 1407 question. I might be reading between the lines too much, but I sorta think Epic's own brief half-concedes this, framing the two provisions as "two sides of the same coin" but then adding "respectfully submit" (which is often lawyer speak for “we know this is a reach”). The Ladder Gets More Rungs Anyway, the arguments are not why you're here (aside from the lawyers, maybe). Back in June, we discussed how Epic was using the smaller defendants to build an evidentiary ladder toward Health Gorilla and Unit 387. Turns out discovery has been adding a few rungs of its own.
The New York Times
Seven of Ukraine’s top 10 military contractors won new business despite open criminal investigations for fraud, failures to deliver on earlier deals or the arrest of chief executives for corruption,...
Huawei heads to trial in US over its business dealings in Iran
Eight years after U.S. prosecutors secretly charged China's Huawei Technologies with defrauding HSBC and other banks over its business with Iran, the case is finally heading for trial.
Huawei Heads to Trial in US Over Its Business Dealings in Iran
By Karen Freifeld NEW YORK, Sept 8 (Reuters) - Eight years after U.S. prosecutors secretly charged China's Huawei Technologies with defrauding HSBC and other banks over its business with Iran, the case is finally heading for trial. Huawei also faces charges for conspiring to steal trade secrets ...
Duke professor Dan Ariely seeks political office in Israel with Pirate Party
After having an article retracted due to allegations of research fraud, Dan Ariely is taking his efforts elsewhere: Israel. He is running on the Pirate Party slate in the Israeli legislative elections Oct. 27.
Elizabeth Holmes documentary upends Telluride Film Festival
A month before Holmes, the founder of Theranos, reported to prison to begin her 11-year sentence for defrauding investors, she welcomed a camera crew.
Commission to present long-awaited Innovation Act proposal
The European Commission will present its proposal for an EU Innovation Act on September 9, with a focus on strengthening public procurement as a driver of innovation and facilitating the use of intellectual property (IP) to secure financing.The proposal was initially meant to be published in March. No explanation has been given for the delay, but it may be linked to issues with the associated impact assessment.The Commission’s Regulatory Scrutiny Board issued a negative opinion on the draft impact assessment following its meeting on January 28, and again on February 27, according to a draft of the Innovation Act published by Agence Europe.In it, the Commission lays out the steps it has taken to address the board’s concerns, including avoiding overlap with the upcoming revision of the EU Public Procurement Directives and removing a mandatory target for EU member states to increase overall innovation procurement spending.The Innovation Act, which was included in last year’s start-up and scale-up strategy, is meant to reduce barriers to bringing innovative solutions to the market and speed up the path from research to commercialisation.Central to the initiative, according to the draft proposal, is the introduction of a harmonised EU framework for the procurement of R&D services by public buyers, including pre-commercial procurement. The plans would also introduce an EU preference in public R&D procurement.“Other leading economies in the world are investing five to eight times more in public procurement of R&D than the EU,” it notes. In Europe, the lack of harmonised rules has led to divergent practices across the bloc, legal uncertainty and limited use of joint, cross-border R&D procurement, it says.Related articlesCommission postpones European Innovation ActParliament draft report adds EU Inc safeguards to prevent fraud and regime shoppingThe text highlights a lack of clarity around the valuation and monetisation of IP as another barrier to the commercialisation of research results. Currently in the EU, IP is rarely used as collateral in financing, which restricts the growth potential of innovative firms. A key reason for this, according to the Commission, is the absence of a harmonised methodology for valuing IP.To address this issue, it plans to introduce an EU-wide IP valuation framework, a digital marketplace for commercialising IP, and a competence centre to help innovators access IP-backed finance.The issue was highlighted by a recent report by the European Union Intellectual Property Office, which referred to developing a “functional market for IP-backed finance” as a “core competitiveness imperative for the next decade,” and key to ensuring capital unlocked by other EU initiatives reaches innovative firms.The Innovation Act is one of several ways the Commission hopes to reduce fragmentation in the single market and help innovative companies to scale in Europe, complementing other initiatives such as the EU-wide corporate regime, dubbed EU Inc.The leaked draft is not the final version that will be published on September 9, according to a Commission official.
The core anti-Pangram constituency is phony writers
Welcome to The Closing Argument, our verdict on the news, plus everything The Argument published and appeared in this week. The Verdict, by Kelsey Piper A lot of people hate AI for drowning the internet in slop and displacing human creatives. You might think that these people would be thrilled by a program that can identify and flag AI-generated work. But many people who hate AI also hate Pangram, an impressively accurate AI detector that produces very few false positives, according to high-quality independent research. This loathing found its most recent expression in a bizarre Wired article that amplifies a wide range of false arguments from Pangram skeptics: that AI detectors are racist (they’re not) or ableist (they’re not)1 or don’t work (this one does)2. Rather than starting from the premise that it would be really valuable to have a working AI detector and scrutinizing Pangram to make sure it lives up to that promise, the article starts from the premise that Pangram obviously has bad vibes and sets out to discover why. (One answer: The CEO microwaved lunch during an interview!) Why aren’t writers who resent Pangram more eager to distinguish themselves from posters who are having ChatGPT ghostwrite all their work? There are a few different things at play, but I think one key dynamic is this: These are often the same people. A core constituency for arguments like Wired’s is “writers” who are using AI to write their posts but resent this fact being made public. They stand to lose from AI detectors because AI detectors call them out. Share When Substack announced a partnership with Pangram, a sizable fraction of the platform’s authors rose up in outrage. Some people had experience with other AI detectors that didn’t work, and some felt that AI writing ought to be encouraged — both of which are fair enough. But the fury was fueled by authors passionately insisting that Pangram kept wrongly accusing them on almost every post they published. Pangram can be wrong, especially on short passages. But in the overwhelming majority of cases where Pangram looked at a whole blog post rather than a single paragraph, the program correctly detected work as AI. Even if we can’t be 100% sure in any individual case, we can notice the trend in the aggregate. Wired quotes Sam Illingworth, a professor of critical AI literacy at Edinburgh Napier University, who said, “I don’t think [AI detectors] work. … I think that detectors are prejudiced against certain people.” This spring, he said that he used AI for research and editing; this summer he acknowledged that in addition to research and editing, he also uses it “now and then for a turn of phrase I keep.” Pangram informs us that most of his posts are 100% AI-written (some are mixed AI-and-human) and that 100% AI-written posts started appearing last year. The favorable interpretation is that, as someone whose recent work Pangram consistently mistakes for AI, Illingworth sees Pangram’s flaws firsthand. The unfavorable interpretation is that the tool’s credibility trades off against his own, because its account of who writes his posts is not consistent with his. Illingworth is not alone in insisting the detector does not work. “It’s a Monday night in late July, and I’m pasting my own Substack draft into an AI detector for the first time. Not because I’m worried. Because I’m curious. I wrote every word of it myself, the way I write everything, out loud in my head first, in a rhythm that still carries the accent of a language I learned to think in before I learned to write in this one,” begins one Substack post by an author indignant that Pangram flags her writing as AI. “That’s the part I had to sit with before I could write this.” If you, like me, have worked with AIs a lot, you won’t even need Pangram there. The author of that piece is AI. It is obviously AI! I checked 10 other posts on the blog, and they were also obviously AI! “I have spent 22 years as an award-winning author and essayist. And now this bullshit tool that learned from MY writing is going to accuse me of plagiarism,” popular Substack writer Carlyn Beccia wrote in an anti-Pangram post. “For the last and final time, AI DETECTORS DO NOT WORK.” Here’s what her writing sounded like in 2020: “Most success stories revolve around one person who believed enough in you to say — give it a try. We call these people muses, but they are so much more than that. They are the strong man giants whose shoulders we stand on so we can see the horizon. Throughout the editing process, I am sure my editor felt less like a giant of greatness and more like Atlas with the world on her shoulders.” Pangram says it was 100% human-written. (So were other articles of hers in 2020.) And here’s what it sounds like now: “And then there is the reshuffling, which sounds like paperwork until you remember that empires have always loved paperwork. The Trump regime recently moved special education oversight from the Education Department to HHS. That is not a minor bureaucratic transfer. It changes the frame.”3 Pangram says this is mostly AI. I am not convinced that Pangram is wrong. In my own experience, Pangram is very effective on long texts — if it marks a long essay as AI, the essay was either written by AI or deliberately written to sound like AI. On tweet-length or paragraph-length texts, it’s not perfectly reliable. It seems to work just as well for non-native English speakers as for native speakers. While I have seen dozens of claims of pre-2022 text returning a positive result on Pangram, I have tried repeatedly to corroborate those and have never once succeeded. To be clear, I’m absolutely not saying that complaining about Pangram suggests a writer is a cheat. There are plenty of other concerns. Most are mistakenly premised, such as the false claim that Pangram trains on work you put into it, but others are reasonable: It’s unreliable on sufficiently short text segments; it creates an internet witch-hunt mentality when there are defensible uses of AI; people who are open about their AI use are sometimes blamed, when the only people really doing something wrong are the ones who hide it; and it isn’t perfect, so a single positive result shouldn’t be taken as decisive proof of misconduct. I’m happy to concede that Pangram is imperfect and possible to over-rely on. If an author’s posts are mostly non-AI and one scans as partially AI, this could be a mistake. It’s also possible to defeat Pangram with intentional effort. If you think we need something more robust and more reliable, fine! But if you don’t like AI and don’t like Pangram, your attitude really ought to be that it’s a shame that our existing tools for AI detection are imperfect, and it’s important to invent better ones. If your stance is instead that AI is evil and so is looking for AI, then ultimately you’re contributing to the sloppification of the internet. You’re making it harder for people who write their own text to distinguish themselves, and providing cover for authors who are definitely not writing their own text. Subscribe Top stories this week, by Kobe Yank-Jacobs Commentators often worry that the decline of reading could mean the decline of liberal democracy — but deliberative governance actually predated widespread literacy. This week, Maibritt Henkel pointed out that many liberal cultures thrive on a culture of raucous, interactive debate, which can happen in-person as easily, if not more so, than in text. Read on, dear reader, to learn more. It may actually cheer you up: [ ](https://www.theargumentmag.com/p/reading-wont-save-liberalism) [ Reading won’t save liberalism ](https://www.theargumentmag.com/p/reading-wont-save-liberalism) Maibritt Henkel · Sep 1 [ Read full story ](https://www.theargumentmag.com/p/reading-wont-save-liberalism) It used to be bad to downplay climate change (if we mean denying its reality). Today, it’s actually good to downplay climate change (if we mean keeping the issue out of political fights so we can make real progress). This counterintuitive view is called “climate hushing,” and contributor Alex Trembath argued that it’s the key to enacting good policy going forward. Get up to speed on the latest in climate politics: [ ](https://www.theargumentmag.com/p/we-wont-stop-climate-change-by-talking) [ We won’t stop climate change by talking about it ](https://www.theargumentmag.com/p/we-wont-stop-climate-change-by-talking) Alex Trembath · Sep 2 [ Read full story ](https://www.theargumentmag.com/p/we-wont-stop-climate-change-by-talking) Canada’s Prime Minister Mark Carney is standing up for the forces of liberalism against Donald Trump’s assault on our closest ally. So, why is one prominent left-wing commenter attacking Carney? Columnist Matthew Yglesias explains: [ ](https://www.theargumentmag.com/p/when-economic-liberty-means-central) [ When "economic liberty" means central planning ](https://www.theargumentmag.com/p/when-economic-liberty-means-central) Matthew Yglesias · Aug 31 [ Read full story ](https://www.theargumentmag.com/p/when-economic-liberty-means-central) 🌟Abundance Wins of the Week🌟 Shout out to my home state of California, whose legislature passed two housing bills this week. One requires a housing density minimum in transit-oriented areas of the state’s most transit-rich cities (Los Angeles, Sacramento, San Francisco, Oakland, San Jose, San Diego, and Long Beach). Another bill closes two common loopholes used by third parties to delay housing projects, including an opportunity to challenge maps of a given lot created by the developer after a project has been approved. Shout out to our big-state rival, Texas, where pro-housing SB 785 took effect this week. The new state law requires municipalities to have at least one district permitted for manufactured housing without a special permit. This will promote zoning changes in 44% of municipalities. The company Fervo Energy signed a deal with Google for what is set to be the world’s largest enhanced geothermal facility, proving a technology can work at a scale that could be crucial to a decarbonized, energy-abundant economy. Share Worth watching… This week, forecasting legend Nate Silver joined Jerusalem, Matt, and Jeremiah on a crowded episode of the pod. It was a party. And speaking of parties, our round table debated the factional lines within the Democratic Party: Is it possible to be center-left and also anti-establishment? Watch or listen to find out: The Rio Grande Valley in Texas is one of the areas that swung hardest toward Trump in 2024, but musician Bobby Pulido is running to flip it back. Right now, The Argument/Split Ticket’s model has him running 1.1 points behind his Republican opponent in a district Trump won by 18 points. Tune in to find out how he differs from national Democrats and what he thinks he can to do win this seat. On Thursday, Bernie Sanders was among the first politicians to call for a ban on superintelligence. My guest this week, Andrea Miotti, has been lobbying to ban superintelligence for several years, most recently in the U.K., U.S., and Canada. I asked him how he gets legislators to take speculative risks seriously, and we dug into what plans might look like to actually pass a ban. Listen to learn more: What’s News with The Argument The Argument recommends, by Kobe Yank-Jacobs If we ever lose track of Justin Zuckerman, I’ll have the team split up and check all the movie theaters in the city. I’m shocked (and a little jealous) at how often he gets out to see good cinema. This week, he brings us It Ends, a “horror-ish movie,” which he described as a “Gen Z Waiting for Godot.” I was intrigued before he added that it was “funny, dark and existential” — at which point I was fully locked in. I guess I also had existential themes on the mind this week. One morning, a single line from a poem I read long ago just came to me: “Is death a stretch of time in which a life is just a flash?” The poem is called “From 20,000 Feet” by Heather McHugh. I suggest the version in The Vintage Book of Contemporary American Poetry, which, by tradition, my best friend and I always bring backpacking, extra weight be damned. We’ll stay thematically dark for just one more rec from senior editor John Robert Thomason, whose upcoming trip to Baltimore reminded him to suggest Michael Clune’s memoir White Out (about being addicted to heroin in Baltimore in the 1990s). Ben Lerner’s blurb called it _“_Disturbing, brilliant, hilarious—it’s as if Proust had written Jesus’ Son.” John told me this “seems accurate, with the caveat that I’ve never read Proust.” I, personally, have also shelved Proust until retirement. At this point, I was a little concerned for the team since all of us tossed out such psychologically grim material — maybe we’re all down about the end of summer — but thankfully, at least a few of us were into more upbeat selections. Milan Singh recommended Made In’s 5-quart stainless clad saucier, suggesting he had some fun in the kitchen. Jeremiah Johnson asked if he could recommend yet more Carly Rae Jepsen. Once denied, he offered up Game Changer instead_,_ calling it “the most wildly creative game show, maybe in the entire history of the genre.” Eli Richman mentioned _Lucky, “_a B-tier show with an A-tier cast and an S-tier theme song.” I suppose he was recommending the song, Horns of a Bull. Still, despite these cheerier recs, I couldn’t help but be concerned that we were subconsciously worried about racing toward summer’s end — the end of swim trunks and splashing around. Then a message landed reminding me of the three-day weekend to come. A whole extra day for sunshine. One more swim in the lake. I was grateful this called to mind yet another line from a poem, one by Mary Oliver, the patron saint of every gorgeous summer day (and about whom a documentary is now out). Speaking to God in the poem “Thirst,” she wrote: grant me, in your mercy,a little more time. Love for the earthand love for you are having such a longconversation in my heart. We have merch! We have quarter-zips, keychains, hats, and stickers. Each one is a great conversation starter in its own way. Buy them here. Subscribe More to read: [ The Opening Argument ](https://www.theargumentmag.com/p/seeing-like-an-elite)[ Seeing like an elite ](https://www.theargumentmag.com/p/seeing-like-an-elite) Kobe Yank-Jacobs · Sep 4 What do Americans hear when they watch Sen. Bernie Sanders or Vice President JD Vance rail against the elite? Are they thinking of right-wing tech billionaires? Imperious college professors? Liberal magazine writers? [ Read full story ](https://www.theargumentmag.com/p/seeing-like-an-elite) [ The Weekly Scroll ](https://www.theargumentmag.com/p/god-is-back-on-the-timeline)[ God is back on the timeline ](https://www.theargumentmag.com/p/god-is-back-on-the-timeline) Jeremiah Johnson · Sep 5 This week, we’re talking about Substack’s new religious debates, the continuing MAGA influencer scandal, how to retire from YouTube, and aura battles. [ Read full story ](https://www.theargumentmag.com/p/god-is-back-on-the-timeline) 1 This was a legitimate thing to worry about, but doesn’t seem to be a problem given the actual technology: Marijke Van Vlasselaer, Filip Van Droogenbroeck, and Bram Spruyt’s 2026 paper looks at whether Pangram is less accurate when evaluating the work of non-native speakers of English. It isn’t. That’s because Pangram isn’t really looking at how “unusual” a piece of writing is but whether it has the characteristic patterns of LLMs. The Wired article makes an odd gesture at a different Pangram-is-racist argument. There were several controversies this summer during which upcoming books were canceled after being discovered to be AI-written: “The three novels mentioned earlier — Shy Girl, Daggermouth, and Call Me, easily publishing’s biggest AI-detection scandals — were all written by writers of color.” But come on! As Zvi Mowshowitz put it: “They were not primarily written by people of color. They were primarily written by AIs.” That’s the whole problem! And as my colleague Jeremiah Johnson recently observed with respect to Cambridge’s Arday scandal, a community being unwilling to call out fraud if it’s perpetuated by people of color is not an anti-racist tendency; it is ultimately quite racist. 2 Many non-Pangram detectors don’t work, but many possible airplane designs also don’t work, and no one considers this a general argument against aviation; the thing that matters is whether any detection works. 3 The phrase “empires have always loved” mysteriously became all the rage in the last few years. See here, here, here, here and here. Before 2025, the only use of that phrase I have been able to find is a single Tweet. The logic of the sentence, too, is incoherent in an AI-characteristic way. “...sounds like paperwork, until you remember that empires have always loved paperwork”? Does remembering that make it sound less like paperwork? It’s a craft-ful sentence, but what is it actually saying??
PayPal layoffs hit Israel as payment giant restructures global operations
The cut will hit the Tel Aviv development center, which develops artificial intelligence systems to analyze transactions in real time, detect fraud, prevent money laundering, and monitor the company’
Georgian National Charged in US with Laundering $1.3B in Health Care Fraud Scheme
A federal grand jury in Boston has indicted a Georgian national on charges of conspiracy to launder proceeds from a $1.3 billion health care fraud scheme.
Power & Politics: Immigration arrests; Trump administration targets CT for 'criminal voter fraud surge'
Susan Cockfield, of Stamford-Norwalk United With Immigrants, Juliana Soares, of Danbury Unites for Immigrants, and Dr. Mohammaad Elahee, of Quinnipiac University, join the show this week.
Power & Politics: Immigration arrests; Trump administration targets CT for 'criminal voter fraud surge'
Susan Cockfield, of Stamford-Norwalk United With Immigrants, Juliana Soares, of Danbury Unites for Immigrants, and Dr. Mohammaad Elahee, of Quinnipiac University, join the show this week.
Mayor Parker’s election put lobbyist William Dunbar at the center of Philly politics. Now he’s awaiting sentencing on tax fraud charges.
Parker let Dunbar go from her campaign in August 2024. Neither side has publicly explained what led to the separation.
2 South Florida men sentenced in $34.8M health care fraud conspiracy, DOJ says
According to the U.S. Department of Justice, Kenneth Charles Kessler III, a Miami man, and Michael Andrew Gomez, a Miramar man, pleaded guilty to one count of conspiracy to commit health care fraud.
North Carolina Adds New Restrictions to Vote-by-Mail Program
The changes are almost certain to cause some votes to be tossed. They come at a time when President Trump is promoting false claims of widespread fraud in mail voting.
New York among states targeted in Trump administration voter fraud investigation
DHS says it has identified more than 24,000 potential cases.
$50B rural health transformation program needs more transparency, groups say
One year into its creation, a $50 billion federal program aimed at improving rural health care lacks transparency, which could make it difficult to protect against fraud, identify successful projects ...
Fake firewood listings use real Maine business’s name, reviews to target buyers
Paula Fleming of the Better Business Bureau said the reported scam may be unusual in Maine’s firewood market, but the underlying tactic is familiar.
Skin care business remains open as police investigate suspected financial crimes
JH Mountain Glow has generated complaints of fraud over years, Chamber says.
Missouri Secretary of State welcomes reported federal surge probing voter fraud
Amid a report this week that Missouri is among a handful of states that will see a surge in federal law enforcement activity tied to election fraud, the state’s chief election official is welcoming the reinforcements
$50B Rural Health Transformation Program Needs More Transparency, Groups Say
By Arielle Zionts and KFF Health News HealthDay ReportersTHURSDAY, Sept. 3, 2026 (HealthDay News) — One year into its creation, a $50 billion federal program aimed at improving rural healthcare lacks transparency, which could make it difficult to protect against fraud, identify successful projects ...
South Korean police seek indictment of K-pop mogul behind BTS
South Korean police are pushing for an indictment of music tycoon Bang Si-Hyuk, chairperson of the agency behind K-pop supergroup BTS, over alleged investor fraud.
India grapples with 'endemic' age-fraud menace in sports
No fewer than 500 wrestlers were disqualified from India's under-17 championships for age fraud in June, highlighting a scourge experts believe is baked into the country's sporting culture and needs to be combated in the same way as doping.
Maryland's Luminis Health says some systems are unavailable after cybersecurity attack
Luminis Health, which serves patients on Maryland's Eastern Shore and in Anne Arundel and Prince George's counties, has been hit with a cybersecurity attack.
Trump Administration Launches Blitz to Find Elusive Voter Fraud Ahead of Midterms
The practice is exceedingly rare, but President Trump has fixated on rooting it out this year, claiming without evidence that tens of thousands of noncitizens are registered to vote.
August Monthly Review: ChatGPT In Epic
Death, taxes, another frontier lab healthcare launch inspiring truly insane LinkedIn takes. As much as I want to stay away, I repeatedly am the crewman unplugging his ears whenever we pass these sirens. So it’s not the first and probably not the last time we dial up the typewriter rather than tie ourselves to the mast. The full blow-by-blow timeline: Health API Guy is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Subscribe The End of the Standalone PHR (Jan 8): ChatGPT Health arrives for consumers, at the time powered by b.well. I was bullish on the approach in that the best way for the PHR to finally solve distribution was to meet consumers were they already are (i.e. When Horizontal Meets Healthcare (Jan 9): OpenAI for Healthcare puts out the shingle for enterprises, with SharePoint ingestion standing in for the EHR integration the product actually needed. Another One: Anthropic’s Healthcare Debut (Jan 16): Claude's version, on HealthEx rails instead of b.well, with Agent Skills for FHIR development as the one true vertical-specific investment. ChatGPT for Clinicians: The Trap Sprung (Apr 24): OpenAI filled in the missing GTM middle with a free product for verified clinicians, effectively peeling the enterprise wrapper off ChatGPT for Healthcare and taking the PLG fight directly to OpenEvidence. OpenAI’s Second Attempt at Health (Jul 31): a relaunch of their patient specific app, now branded Health in ChatGPT, where the privacy partition came out, the connectors thinned, and b.well disappeared in favor of first-party FHIR work against a smaller network Beyond a Shingle So what was announced now? Today, we’re introducing a new electronic health record integration that brings authorized patient context from Epic into ChatGPT for Healthcare, along with the Healthcare Public Data plugin for direct, structured access to official healthcare datasets like PubMed, DailyMed, and CMS Coverage. Together, these capabilities bring ChatGPT closer to the systems and sources healthcare teams trust, while supporting the controls and compliance healthcare work requires. The core portfolio is unchanged from prior announcements we delineated and discussed (aside from the relaunch of patient-facing). Since trade publications still seem to be confusing them by using the wrong names: Enterprise sales motion: ChatGPT for Healthcare Protecting their core product / PLG: ChatGPT for Clinicians Consumer/patient-facing product: Health in ChatGPT So really, this is a feature release (specifically for ChatGPT for Healthcare when it comes to EHR integration). What’s cool about it, though, is that we are moving beyond just putting out a shingle. Everything in the January enterprise launch was horizontalizable: Horizontal tech companies thus generally start verticalization with their “putting out a shingle phase”. Telling the world you’re open for business as a horizontal tech company reliably attracts early inbound interest from buyers who are already trying to force-fit horizontal tools into domain-specific workflows and are eager for any signal that the vendor intends to support their use case more directly. Nothing was really vertical specific, which is exactly what you'd expect from the ultimate hypergrowth horizontal company dipping their toes into specific industries. But eventually you have to stop changing the sign on the door and start changing the product. Can you guess where the horizontal product was going to run out of road? This is the core dilemma writ large: verticalization requires differentiation, while scale economics of consumer and horizontal push toward unification. I’ve buried the lede so deep here it will be painful to some readers, but what should be shocking to no one is that my perspective is that EHR integration is the only path that meaningfully resolves this tension for ChatGPT for Healthcare. Integration with Microsoft Sharepoint is fine, but it is categorically insufficient for any product that hopes to influence clinical decision-making. SMART Money Well here we are, eight months later! Real vertical investment has begun, which surprised a few people. One friend in the industry messaged me: “Absolutely no way Epic gave ChatGPT API access.” Looking forensically at the announcements, the integration is notably read-only across appointment notes, laboratory results, medications, and specialist documentation. So while I’m not a betting man, I'd wager the house this is a SMART on FHIR launch: That sounds a lot like USCDI! The recommended path for the workflow they outline would be SMART on FHIR Their Health AI lead’s post is evocative of both standalone and EHR launch SMART, which another termed “ChartGPT” and “EHR Plugin” The implementation burden for SMART on FHIR is the lowest of the available integrative paths This is the team who literally did patient-facing SMART on FHIR with Epic last month Most importantly, if you’re a horizontal company, you generally still haven’t taken the full plunge and thus (overly) value reusability. SMART on FHIR is the logical compromise: healthcare-specific enough to matter, but standardized enough to reuse. Nobody Asked Judy Another friend asked “I thought they had to go to each health system, or did they go direct to Epic and now health systems opt in?” Given the trust paradigms in healthcare, this functionally cannot be Epic hoovering up all the data for OpenAI and shoving ChatGPT in their customers’ faces (or they would revolt). However, I do believe the aforementioned terrible coverage by TechCrunch and other outlets is probably responsible for that question, given the 325 million reference. When using FHIR as a business associate to an Epic customer, there is no EHR gatekeeping to speak of, as that isn’t how fhir.epic.com works: You register an app You pick your APIs You test against the sandbox APIs You list as “Ready for Production” Hospitals pick your app You test and go live with them Bluntly, nobody had to say yes or no in Verona (nor were they given the chance). Vendor Services (their next developer tier up that I doubt OpenAI is using quite yet in this initial release) certainly has contractual paperwork that some resent, but even there, the twin pressures of mounting antitrust and information blocking make outright gatekeeping increasingly fraught. My friend’s sentiment is, to me, representative of a broader industry neurosis, perhaps a sort of scar tissue of prior eras: people assume the gate is still there and never actually try the door. There are certainly other ways Epic (and any EHR) can put its thumb on the scale, but they are not so dumb as to stand in front of a federally mandated API and play bouncer at this exact moment in time. So I think they can and probably should go deeper, as this release is at best parity and at worst behind vertical-specific competition. OpenEvidence did a basic SMART launch with Sutter Health in February, allowing for more convenient evidence search by providers. They then add patient-context (the equivalent SMART on FHIR flow to what we see here) when Cedars-Sinai went enterprise-wide in May. UpToDate has four distinct applications across deeper workflows like patient engagement listed in Epic Showroom and announced a partnership with Epic to power Art at UGM Abridge and other ambient scribes have invested deeply into the deepest bidirectional clinical copilot workflow with integrations well beyond SMART on FHIR. In that light, the “Who is OpenAI primarily targeting here?” is clear. This release brings them into striking distance of OpenEvidence, but not the others quite yet. They are the only one of the three you can reach without building something truly Epic-specific. When will they go further? Competition is a great motivator to overcome the horizontal demons and start building things that can’t be reused: not across industries, not across EHRs, maybe not past the customer you built them for. That’s the price of actually verticalizing. The question is if and when OpenAI will be willing to pay it. Month in Review Here is the monthly review. As a reminder, this is a regular round-up of the month’s posts and other content to surface things you may have missed across regulation, litigation, interoperability, and beyond. AI assistance is used in these bullet summaries so I can focus on articles. Articles Published: None this month Video Content: The Information Exchange: Standards-based Thruple Edition (Aug 14): Back to school for us too, with Brad reporting in from the CMS Health Tech Ecosystem’s one year anniversary in DC. We get into the January CMS-0057 deadline, the fall rulemaking reading list, and why enrollment still keeps most apps off FHIR. The Information Exchange: Epic Dúnadan Edition (Aug 25): A UGM roundup with Ryan Brickner joining for the first time to check our takes against what the building actually thinks. Rangers, Ergo sitting on top of EHI, and a down-market lineup that needs some cuts. Regulatory: Stacked Deck, Bad Hand (Aug 05): ONC’s website refresh took the entire HIT Policy Committee record with it, so I rebuilt the archive and went looking for the regulatory capture story everyone assumes is buried in there. Stacking the deck and winning the hand turn out to be very different things. The Sixth Generation of Patient Access (Aug 19): A quick catalog of the five generations of patient access we’ve layered on since HIPAA, and the two candidates now competing to be the sixth. One is planned. The other is the market routing around the plan entirely. Court cases: Three Cases Walk Into a Docket (Aug 06): Two surprise settlements cleared the board in a single week, and then Judge Maddox dropped ninety-four pages on Vyne v. Henry Schein. The sleeper is a DMCA holding that makes direct-to-database a considerably riskier business model. Epic v. Health Gorilla: Into the MDL (Aug 10): Nine class actions are headed to Miami, and the Panel signaled it wants to bring the case that spawned them along too. That would leave Epic arguing the requests were obviously fraudulent in one courtroom and unknowable in the other. Amazon v. Perplexity: Agents Are Legalized! (Aug 11): The Ninth Circuit vacated the injunction against Comet, holding that the user is the one accessing the servers rather than the company that built the agent. A real win for agentic access, and a much narrower one than the headline suggests. Veeva v. Epic: Come At Me, Bro (Aug 26): Epic’s response brief wants the dismissal affirmed and, unusually, wants the opinion published as precedent. Buried in it is Epic’s own description of what its non-competes actually prohibit, which current and former employees should read closely. EHRs: The Contract Epic Would Never Sign Today (Aug 04): A 1999 SEC exhibit catches Epic licensing nearly its entire product line, Tapestry included, to the company that became TriZetto. The marketing services menu attached to it is the part that will make you blink. Forecast from Verona (Aug 07): The Epic Almanac makes one argument six different ways: the AI is only as good as the networks behind it. Emmie headlines, Art’s context stack is the most ambitious part, and Penny finally gets an autonomous coding date on the calendar. Works With Epic MyChart (Aug 17): Epic’s first new Showroom category since the death of Workshop certifies hardware instead of software, badge on the box and all. Made for iPhone, but for blood pressure cuffs, and rough news for anyone selling the RPM stack sitting in between. UGM Hot Takes 2026 (Aug 20): Everyone else covered the AI announcements, so I went after Savvy deleting the payment gateway, Rangers as Boost with the timer removed, and a down-market lineup with too many entries. Plus the Health Grid tidbits I cannot help myself on. MyChart Central Grows Up (Aug 24): Device data and Emmie turn Epic’s identity hub into a full consumer platform, which is both a logical answer to ChatGPT and a bit of a mistake. It also happens to be the best scraping target Epic has ever shipped. Industry Analysis: The Wrong Yardstick (Aug 12): Vertical software keeps getting judged against Superhuman and Notion, which is the wrong bar entirely. Your user is comparing your product to a whiteboard and forty phone calls before lunch. Primitives vs. Abstractions (Aug 27): Developers want building blocks, systems of record prefer to hand out business logic, and both sides have a real case. There’s no test from the outside that separates the engineering reason from the competitive one, which is why this keeps ending up in court. Cross-industry Comparisons: The Two Kinds of Platform Power (Aug 18): Attention power and record power are different problems that keep getting handed the same regulatory toolkit. Congress’s latest swing at Big Tech shows both what’s possible and where it falls apart. The Dogs of (Platform) War (Aug 21): A CourtListener alert turned up a property management fight with healthcare’s exact shape and none of the Cures Act. Shell prospects, ghost accounts, a notetaker bot that came back to haunt someone, and a lawyer arguing both sides of the same theory in two states. Fractals All the Way Down (Aug 31): Yardi dominates property management right up until you zoom into one segment, where AppFolio owns it outright and Yardi doesn’t appear at all. Where you draw the line around a B2B software market is about to decide an awful lot of cases. Other News: If Judy Had the Courage (Aug 13): A short eulogy for the era when software was allowed to look insane: WinAMP, bold colors, and everything the grey chatbot era has taken from us. External Media: Portland Monthly Health Tech Meetup: Erin O’Brien channeled my own feelings - maybe it’s just because it’s August and beautiful, but the monthly edition of the PDX Health community meetup was a ripper. Make sure to reach out if interested to join for the next one. STAT’s Coverage of Epic This Month: Brittany Trang of STAT did a fantastic job of breaking the FTC investigation that’s been lurking, as well as UGM related coverage, so I had to give her her wish of a meme. Fall Conferences: I’m pumped to be kicking off my fall conference season in NYC at Nabla Accelerate next month, which Chrissy provided the link to apply for. Here’s the rest of my schedule in case you want to meet up: Commonwell (Redwood Shores, CA): Oct 13-14 Open@Epic (Madison, WI): Oct 21-22 eHealthExchange (Austin, TX): Oct 27 Sequoia Project (Austin, TX): Oct 28-29 HLTH (Vegas): Nov 15-18 RSNA (Chicago): Nov 29-Dec 3 Posts I Liked: HTI-6 Should Unbundle API Certification: Josh Mandel makes the case that HTI-6 should split (g)(10) into separate authorization and data certifications, so a PACS or a genomics platform can certify only the role it actually performs. Imaging is the urgent example, but the structure solves a much bigger problem. On implementing ePrior Auth with Epic: Scott Rossignol’s field notes from a live ePrior Auth build on Epic, including the two app registrations nobody warns you about and the CPT mapping problem waiting at the end. CMS-0057 implementations are going to be such a beast. Healthcare point solutions are starting to look a lot like streaming services: Spencer Dorn runs the cable-to-streaming arc against health IT and lands squarely on the bundling half of the cycle. Bundling can be good! It can also be bad! Life is nuanced. Health API Guy is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Subscribe
Fraud Alert: Which College Football Playoff contenders are fooling us?
Every season brings preseason darlings that fail to reach the CFP. These 2026 contenders have enough red flags to make us wonder if they're next.
Evers responds to DHS investigation into voter fraud in Wisconsin
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Business News September 2026
• Fall at the Farmers Market • The Fraud Clock is Ticking • Remodel to achieve your Forever Home • Roger, the Computer Guy! • Cornell Farm’s Century Farm Celebration • Grand Opening Celebration at OR Credit Union • The Confidence Within: an educational pelvic wellness experience • Back-to-School Dinner Dilemma, Solved
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Champaign business owner, Mahomet resident charged with tax, wire fraud
URBANA, Ill. (WCIA) — A Mahomet man with a business in Champaign is facing federal charges for allegedly failing to turn over more than $800,000 in employment taxes to the IRS, and for “…
Business Owner Charged with Tax Fraud, Wire Fraud Related to COVID Relief Funds
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49ers, Chargers top sports world poking fun at man who posed as 49ers player
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49ers, Chargers top sports world poking fun at man who posed as 49ers player
Since two men were arrested with conspiracy to commit wire fraud and wire fraud, the story has dominated social media, with even athletes and sports teams chiming in.
Illinois Quick Hits: Champaign business owner charged with COVID relief fraud
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Exclusive: DHS plans to launch voter fraud investigation surge Tuesday
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Trump admin shuts down 270 driving schools in fraud crackdown
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DOJ: Federal jury convicts Jefferson County business owner of COVID relief fraud
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Trump election fraud crackdown lands first arrest, putting longtime critics in White House crosshairs
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Clark County Sheriff’s Office warns of fraudulent website impersonating local business
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Florida health system settles Medicare Advantage fraud claims for $542M
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Viral dashcam video leads to prison for insurance scammers
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RFK Jr. said a Samoa trip had nothing to do with vaccines. New documents refute that
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Trump is preparing to blame the GOP for the midterms
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Selena Gomez asks judge to dismiss ‘absurd’ fraud lawsuit over Wondermind mental health startup
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Walter’s TWG hits back at fraud claims, says it has no victims
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Suspended Columbus home health provider disputes patient, investigation claims
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Las Vegas business owner convicted of $24 million cryptocurrency ponzi scheme
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Trump officials touted a voter fraud bombshell. Their data hasn’t proved it
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France issues warning over thousands of substandard condoms
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ActBlue co-founder pleads Fifth Amendment in closed-door House GOP grilling
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Former prison healthcare provider denies it fraudulently billed the state
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SGMC Health Alerts Patients to MyChart Phishing Scam
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Pennycuick Introduces Measure to Stem Fraud in State Health Insurance Program
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How a fraud ring weaponized New Jersey business filings
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Trump cast a mail ballot in Florida's primary despite spreading falsehoods about mail voting fraud
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Apple pulls AI ‘nudify’ app promoted in Meta ads
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Former Cartersville business owner arraigned on fraud charges
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Lincoln petition fraud investigation becomes political
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Gloria Romero explains why she should be California's next Lieutenant Governor
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Selena Gomez Dismisses 'Baseless' Fraud Claims Over Mental Health Startup
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Selena Gomez blasts fraud lawsuit against her and her mother: ‘Completely meritless’
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Selena Gomez and her mom accused of fraud over their mental health startup
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Selena Gomez and her mom accused of fraud over their mental health startup
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Selena Gomez and her mental health startup accused of fraud
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Selena Gomez and her mental health startup accused of fraud
Several investors in Selena Gomez’s mental health startup Wondermind sued the popstar Thursday, claiming they were misled about the startup’s success and her involvement in it.
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Selena Gomez Accused of Fraud by Mental-Health Startup Investors
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Selena Gomez Accused of Fraud by Mental-Health Startup Investors
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Watchdog science journalism has become a fundamental tool to counter scientific malpractice, such as publication fraud, abuse and political and corporate manipulation of science. A study by the Universitat ...
AI needs science’s search history
“Actually, that’s where the gold is,” said Alasdair Russell, my graduate school friend who leads a pre-clinical genome editing group at Cambridge. He was talking about the winding road of science that is omitted from published papers. “When you’re discussing how to do the experiment, and why this way is better than another way, and what does the data really mean? I know what it shows, but what does it mean?” At RAAIS 2026, he described how his group has begun logging the twisting path of discovery as it happens, recording the verbal and written exchanges that normally disappear. Ideas become nodes in a living graph: they branch when a meeting produces two plausible experiments, merge when separate lines of evidence converge, and go dark when someone quietly stops pursuing them. In his implementation, one agent scores novelty, while another tries to learn “how scientists think and how they navigate through a complex world of data,” so that high-potential nodes can trigger deeper investigation. As frontier AI labs deploy agents toward scientific discovery, giving AI authentic scientific taste remains a trillion-dollar dilemma. The bottleneck is that the record we have kept for centuries of science might be insufficient to get us there. The experiments that never make the paper Peter Medawar, 1960 Nobel laureate and “father of transplantation,” asked in 1963 whether the scientific paper was a fraud, and answered yes: the form of the paper misrepresents the thinking that produced it. Sixty years on, the diagnosis is unchanged. A paper presents a clean progression from hypothesis to result to conclusion. Lost along the way are the unconventional theories, the abandoned or unaffordable methods, and the underwhelming and inconclusive data. It reads like a browser history with every dead end deleted: the ten open tabs, the four rephrased queries, the wrong turn down a subforum. All scrubbed, leaving one clean path from question to answer as the canonical path. What has changed since then is that the discarded material is now worth something. No high-impact journal wants these artifacts, but raw trial and error is the most likely source of the training data required to develop scientific intuition, or what researchers call taste. Earlier attempts to capture the discards were motivated by scientific integrity. The Journal of Negative Results in Biomedicine launched in 2002 to publish rigorous studies that disputed established models or exposed ineffective treatments. Its archive preserved negative conclusions after they had become papers, rather than the live alternatives and arguments that produced them. BioMed Central closed it in 2017, saying the mission had been served now that other journals publish null results. A less generous reading is that in fifteen years it published around 200 papers because almost nobody wants to read a negative result, let alone write one up when it will not count toward academic tenure. AI models are different. Even an uninteresting negative result can be useful, provided it is labeled. Earlier this year, Anthropic put a version of this to the test. The company pulled 129 decision points from real Claude Code sessions between January and March 2026, showed models the work up to a human detour, and asked what should happen next. Claude Mythos Preview beat the human choice 64% of the time, while Opus 4.5 managed 51%. The comparison was tilted toward the models because Anthropic deliberately chose moments where the human decision had room for improvement. On 127 further scenarios where the human action was already strong, the models improved on it only about 20% of the time. The study was possible because Anthropic’s researchers work inside a tool that logs by default. The reasoning, detours and outcome are produced in the same working environment. Biology has no equivalent. Its reasoning happens in hallways, at benches, in Slack threads and on whiteboards, while the outcome arrives weeks later somewhere else. The record has to emerge from the work itself. Ask scientists to reconstruct it afterwards and we’ll create another polished account. Subscribe A log is not a label Before any of this becomes training data, a negative result has to say what failed. The first paper published in the Journal of Negative Results in Biomedicine examined 234 negative studies across five leading medical journals. Only 30% discussed statistical power, and half clearly defined a primary outcome. Tell a model an experiment failed, without telling it whether the assay was underpowered, a reagent had degraded, or the hypothesis was simply wrong, and it will learn noise with confidence. Decision histories have a second missing label too. When a lab considers five experiments and runs one, only the chosen branch returns an outcome. The other four are experimental counterfactuals. Researchers call this the selective labels problem: the data reveal results only for the actions someone chose to take. Such a record can teach a model to imitate a lab’s taste, but it cannot establish that the taste was good. It also smuggles local constraints into general lessons. A lab that never ran cryo-EM because it did not own a microscope teaches a model that cryo-EM is rarely the right call. Alasdair’s nodes preserve the candidate set, which is the necessary first step. To be useful, each decision record needs six fields: The evidence available at that moment, and nothing that arrived later. The candidates considered, including the ones dismissed in a sentence. For each candidate: the expected result, the confidence attached to it, and the cost in time and money. The route chosen, and the reason. What happened next. How the evidence changed the scientist’s view. These must be timestamped before the outcome, because hindsight turns uncertainty into inevitability. Disagreement also has to survive. Averaging three scientists into one clean rationale reproduces exactly the information loss we are trying to fix. But there is an obvious failure mode here. Once decisions are logged and scored, people log for the record post-facto. Anyone who has watched an electronic lab notebook fill up with retrospective tidying knows how quickly a research tool becomes a compliance exercise. A record that costs a scientist ten minutes of honest reflection per decision is worth far more than one that costs an hour of performance. A publication initiative called Registered Reports offers a useful starting point. Here, researchers submit their rationale, methods and analysis plan for peer review before the data exist, and the journal commits in principle to publish if they follow the approved plan. Nature has now expanded the format across every field it covers. This approach to paper writing timestamps intent before the outcome, but it freezes one plan. A useful search history must also preserve how the plan changed, which alternatives were rejected, when, and on what evidence. Subscribe Run the runner-up Autonomous labs show what happens when decisions and outcomes are connected in a loop. Liverpool’s mobile robotic chemist ran 688 experiments over eight days in a ten-variable formulation space. A batched Bayesian search used each result to choose the next experiments and found photocatalyst mixtures six times more active than the starting formulations. Every completed experiment changed what the system did next. The robot optimized within a goal and search space that humans had already chosen. It did not decide which scientific question mattered. So what this work demonstrates is narrower, but still useful: a search history pays off when the options return standardized outcomes quickly. Open-ended biology is harder because branches can take weeks and the discarded alternatives may never be run. Some exploration therefore has to be bought. Where two branches are plausible and the stakes justify the cost, a lab should sometimes run the runner-up. Otherwise the record captures what today’s scientists usually chose and stays silent on what they systematically overlooked. A funder could ring-fence a small fraction of a grant for the branch not taken, provided that the decision record and the outcome are both deposited. That costs money, but so does having every lab rediscover the same abandoned path. Test whether taste transfers When it comes time to evaluate if our new AI system exhibits taste, the comparison should run across laboratories and fields. At selected decision points in a live research campaign, we should freeze the six fields: the evidence, the candidates, expected results, confidence, costs and the choice made. Experts then rank the options before the outcomes are known, and those outcomes are checked independently later. We could give models one of two diets - papers alone, or papers plus decision histories - and ask them to rank the next experiment on unfamiliar projects. Then, we score information gained per dollar and week, calibration, and how quickly weak branches are abandoned. If histories improve choices only inside the lab that produced them, they amount to useful organizational memory. If they improve choices on unfamiliar problems elsewhere, Alasdair’s group will have captured something science has never managed to write down: a transferable record of taste. Until that happens, a scientific search history is a promising record, not yet a training set.
HHS Releases Report Exposing Fraudulent Insurance Coding For Sex-rejecting Procedures On Minors
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When they didn’t find fraud while testing a voting machine for the Trump admin, this cyber firm faced a wave of backlash
The Trump administration abruptly declined to renew a contract for a cybersecurity firm it hired to examine voting equipment in Puerto Rico after the company didn’t echo administration officials’ false claims of voter fraud, the firm’s executives said in their first extensive public remarks on the episode.
After years of landslide victories, Klobuchar faces a tougher political fight against Demuth
The governor’s race will be Sen. Amy Klobuchar’s toughest test in a statewide election, following a series of easy reelections to the U.S. Senate. Republicans see Lisa Demuth as their best shot at capturing anger over fraud scandals and fatigue with the Walz administration.
Exclusive: Former Southern Poverty Law Center CFO arrested on fraud charges
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VA Warns of National Postcard Scam as Health Care Notices Go Out to 3.8M Veterans
The department said fraudulent postcards had appeared in multiple states over the past year, claiming to be linked to the VA.
NV lawmakers mull maternal health protections for '27 session, punt on child welfare funding fix
Nevada state lawmakers are considering a wide-range of health-related policies in the next year’s legislative session that includes implementing a slate of maternal health protections in a “momnibus” bill, bolstering efforts to investigate Medicaid insurance fraud, and reducing reporting requirements for state health agencies. Also at Tuesday’s interim Health and Human Services committee meeting, discussion […]
Sacramento news roundup: climber death, hotel tax fraud, health bill, worker benefits
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Trump-backed candidates amplify election fraud claims ahead of Midterms
A Fake Email Redirected $113,050 Into His Business Account, Then Nearly All the Money Was Gone in Hours
A North Dakota man is facing federal fraud charges after prosecutors say a nearly identical email address redirected $113,050 owed to an art dealer into ... Read More
Florida TODAY: Health care fraud, Florida Senate race, NFL RedZone
Florida TODAY statewide newsletter delivers a mix of news, culture and classic "only in Florida" moments
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