HB 1925

Summary

As amended 5/5/2026: - Requires a health care facility to disclose to patients if artificial intelligence models or systems will be used for clinical decision making. - Prohibits AI models or systems in health care settings from superseding clinical decision making made by a human provider or discriminating in violation of the law. Requires review to ensure accuracy and reliability at least quarterly. - Prohibits a facility from penalizing a provider solely for exercising independent judgment that differs from a recommendation or output generated by AI. - Prohibits use of patient data beyond the stated purpose, and prohibits creating foreseeable, material risks of harm to the patient. - Requires a facility to establish and maintain policies and procedures for use of AI models or systems, a governance structure to manage responsible use, and a process to validate and monitor compliance. - Requires health care facilities using AI to file annual compliance statements. - Directs the department to establish a record retention policy related to AI algorithms. - Requires a facility utilizing a third-party vendor to establish internal review and governance processes to ensure compliance. - Creates an exemption for validated, static decision support tools or tools used for administration, scheduling, scribe applications or clinical calculators. - Provides for civil penalties, injunctive relief, and allows the department to require a plan for correction. - Requires insurers and medical assistance or Children's Health Insurance Program managed care plans to disclose if AI is used in utilization review to both providers and policyholders, and post the disclosure publicly. - Establishes requirements for the use of artificial intelligence in the utilization review process. Prohibits AI in utilization review from producing an output solely based on group data. Prohibits superseding provider judgment or discriminating in violation of law. Requires quarterly review. - Requires an insurer and medical assistance or Children's Health Insurance Program managed care plans to establish and maintain policies and procedures for use of AI models or systems, a governance structure to manage responsible use, and a process to validate and monitor compliance. - Requires insurers and medical assistance or Children's Health Insurance Program managed care plans using AI to file annual compliance statements with the Insurance Department. - Requires the Department of Insurance to establish a record retention policy. - Requires an insurer or medical assistance or Children's Health Insurance Program managed care plan utilizing a third-party vendor for AI for use in utilization review process to establish internal review and governance processes to ensure compliance. - Provides for civil penalties and injunctive relief, and allows the department to require a plan of correction.

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