In one paragraph
Arkansas HB 1297 (2025), as engrossed, would have added a subchapter (Ark. Code §§ 23-63-2101 to 2113) regulating healthcare insurers' use of AI and automated decision-making in utilization review. Insurers would have had to disclose algorithm details from January 1, 2026, give explanations for AI-supported denials, and have a clinician licensed in Arkansas review adverse prior authorization determinations. The Insurance Commissioner could fine up to $25,000 per determination. The author withdrew it on April 1, 2025.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
No duties for insurers because the bill was withdrawn. Had it passed, health insurers using AI in utilization review would have faced disclosure, clinician-review, testing and penalty rules.
Key provisions
- From January 1, 2026, insurers would have to disclose AI algorithm strengths, limitations, training data and validation through an applied model card (§ 23-63-2102)
- AI-supported denials, delays or modifications would need an explanation, and AI could not be the sole basis for medical-necessity denials (§§ 23-63-2103, 2104)
- Adverse prior authorization determinations and appeals would be reviewed by a clinician licensed in Arkansas, with review time reported to the Commissioner (§ 23-63-2104)
- Insurers would run audits, publish approval, denial and appeal statistics, and report quality testing results at least semiannually (§§ 23-63-2105, 2107)
- Commissioner penalties up to $25,000 per determination plus up to $10,000 per week; the Attorney General, and aggrieved persons after 90 days' notice to the Commissioner, could sue for declaratory or injunctive relief (§§ 23-63-2109, 2111)
- Withdrawn by the author April 1, 2025; the text has no general effective-date section
Latest legislative action
Apr 1, 2025. WITHDRAWN BY AUTHOR
Sponsors (showing 5 of 6)
| Name | Role |
|---|---|
| Irvin | Primary |
| J. Bryant | Primary |
| J. Mayberry | Primary |
| Joint Budget Committee | Primary |
| L. Johnson | Primary |
Amendments (1)
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House Amendment H1 Not adopted 2025-02-26
Topics and industries
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Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error