HB820 – Health Insurance – Utilization Review - Use of Artificial Intelligence

MDLawState

Date Passed

5/20/2025

Effective Date

10/1/2025

Summary

Regulates carriers’, PBMs’, and private review agents’ use of artificial intelligence, algorithms, or other software tools in utilization review. Requires determinations to account for an enrollee’s medical history and clinical circumstances; bars sole reliance on population‑level datasets; maintains clinician oversight; and sets documentation and appeal safeguards.

Healthcare Implications

Directly constrains automated prior authorization and medical‑necessity tools. Payers must implement guardrails, transparency, and human oversight; providers should expect clearer appeal documentation and be able to request human review. Aligns with national scrutiny of AI in utilization management and protects patients from algorithm‑only denials.

Operational Implications

  • AI tools may not replace healthcare provider decisionmaking; final medical-necessity decisions made by clinicians.
  • AI determinations must be based on individual medical history, individual clinical circumstances reported by provider, and other relevant clinical info; may not rely solely on group datasets.
  • AI tools must be applied equitably; must not discriminate.
  • Quarterly review of AI performance, use, and outcomes.
  • Documentation/disclosure requirements for AI use in UR. Applies to carriers, PBMs, and private review agents.

Impact Level

High

Keywords

Clinical Quality & Efficacy

Stakeholders

Providers & Health Systems; Patients & Public; Regulators & Government