Massachusetts has emerged as one of the most active states for AI-related legislation in 2026. With 47 bills currently tracked, the Commonwealth is advancing proposals across healthcare AI, data privacy, facial recognition, deepfake regulation, and autonomous vehicles. While no comprehensive AI law has been enacted yet, the breadth of pending legislation signals that significant regulation is on the horizon. This guide covers the key bills businesses should monitor.
Current Data
Currently tracking 47 bills in Massachusetts. 0 enacted, 1 in committee. Data updates automatically.
Healthcare AI: Restricting Automated Decision-Making
S 2632 and S 46 both target the use of artificial intelligence and other software tools in healthcare decision-making. These bills would restrict insurers and healthcare providers from using AI as the sole basis for denying, delaying, or modifying care. H 1210 goes further, requiring informed patient consent before AI is used in health communications. Meanwhile, H 1974 would specifically regulate AI use in mental health services, an area of growing national concern.
Together, these four bills reflect Massachusetts’ push to ensure that healthcare AI remains under human oversight. Companies deploying AI in clinical settings, insurance claims, or patient communications should watch these bills closely. See our AI in healthcare compliance guide.
Data Privacy: Multiple Comprehensive Privacy Bills
Massachusetts remains one of the few large states without a comprehensive consumer data privacy law, but that may change. At least six competing privacy bills are active:
- S 301 — Advancing economic development through comprehensive data privacy
- H 104 — Establishing the Massachusetts Data Privacy Act
- H 78 — Establishing the Massachusetts consumer data privacy act
- S 2516 — Establishing the Massachusetts data privacy act
- S 29 — To establish the Massachusetts Data Privacy Act
- S 45 — Establishing the Massachusetts Data Privacy Act
While these bills take different approaches, any enacted version would likely impose requirements on how businesses collect, process, and share personal data—including data used to train or operate AI systems. If Massachusetts follows the pattern set by Colorado and Connecticut, expect provisions covering automated profiling, opt-out rights, and data minimization.
Facial Recognition: Implementing Commission Recommendations
Massachusetts convened a special commission on facial recognition technology, and three bills—H 4640, H 1946, and S 1053—would implement its recommendations. Additionally, S 1731 targets transparency requirements for facial recognition used with driver’s license photos, and H 96 would create comprehensive biometric recognition technology accountability and enforcement mechanisms.
Businesses using facial recognition or biometric identification in Massachusetts—whether for security, employee management, or customer verification—should prepare for potential disclosure and consent requirements.
Deepfakes and Synthetic Media in Elections
H 5094 is currently in committee and would enhance disclosure requirements for synthetic media in political advertising. H 846 addresses the same issue. On the criminal side, S 2631 and S 44 aim to protect against election misinformation by regulating AI-generated content designed to deceive voters.
These bills join a growing national trend: at least 40 states now have or are considering deepfake-related legislation. See our deepfake laws by state tracker.
Key Bills at a Glance
| Bill | Topic | Status |
|---|---|---|
| S 2632 / S 46 | Healthcare AI decision-making restrictions | Introduced |
| H 5094 | Synthetic media disclosure in political ads | In Committee |
| H 104 / S 29 | Massachusetts Data Privacy Act | Introduced |
| H 4640 / S 1053 | Facial recognition commission recommendations | Introduced |
| H 94 | AI accountability and transparency | Introduced |
| S 2633 / S 48 | AI-generated CSAM criminal penalties | Introduced |
| H 77 | Fostering AI responsibility | Introduced |
| S 51 | Social media algorithm accountability | Introduced |
What’s Regulated: Key Themes
- Healthcare AI — Restrictions on automated claims decisions and AI in mental health services
- Consumer Data Privacy — Multiple competing comprehensive privacy bills covering AI-processed data
- Facial Recognition — Implementation of commission recommendations, biometric accountability
- Deepfakes & Elections — Disclosure requirements for synthetic media in political advertising
- AI Transparency — General accountability and transparency obligations for AI systems
- Autonomous Vehicles — Safety and regulation of autonomous and multimodal transportation
Compliance Checklist for Massachusetts
- Audit healthcare AI tools — If you use AI for claims processing or patient communications, prepare for human-oversight requirements
- Review data collection practices — With multiple privacy bills pending, ensure your data governance can meet CCPA-level requirements
- Assess facial recognition use — Document any biometric data collection and prepare consent mechanisms
- Check political ad compliance — If generating political content with AI, prepare disclosure workflows
- Monitor bill progression — Massachusetts legislative sessions can move quickly once bills gain momentum
- Designate a compliance lead — Assign responsibility for tracking these evolving requirements
For a complete index of Massachusetts AI legislation, visit our Massachusetts AI laws page.
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
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