Artificial Intelligence Use in Health Insurance (H 7190, S 2010)

This legislation would require insurers to disclose to the Office of the Health Insurance Commissioner and the Department of Business Regulation how they use artificial intelligence (AI) to manage claims and coverage, including the types of AI models used, the role the models played, and the resulting determination. While we support the overall goal of preventing harmful uses of AI in health insurance decision-making, we argued that the legislation should be amended to include explicit disclosure requirements to the individuals whose benefits are impacted by this system. Specifically, we argued that individuals should receive clear notice when AI is being used in making their benefit determination so that the right to appeal and the right to opt-out are not undermined.