States Crack Down on Health Insurers' AI Use, with No End in Sight

Healthcare attorney Dan Silverboard was cited in a Corporate Counsel article examining state legislative proposals establishing oversight of the use of artificial intelligence (AI) by health insurance companies. States ranging from Maryland to Arizona have enacted laws targeting health insurers' reliance on AI tools in coverage determinations by requiring human involvement in these decisions, along with creating transparency and disclosure obligations on how AI is used across operations. Mr. Silverboard added that another goal of these laws is make sure insurers reference a specific patient's medical record when reviewing claims to help avoid biases in AI decision-making. He also advised companies to maintain detailed records about their AI systems, given that any litigation will shine a spotlight on what technology they are deploying and whether they have appropriate guardrails in place to use it responsibly.

"There really is this increased compliance burden on health insurers to demonstrate that they've conducted their diligence on these programs," he said.

READ: States Crack Down on Health Insurers' AI Use, with No End in Sight