The bill regulates AI use in health care, requiring AI systems to notify users they are not human, prohibiting AI from using human titles, and ensuring AI does not base determinations solely on group data, but also on other relevant factors specified in the bill.
If you use AI for health care utilization reviews in Colorado, you must ensure compliance with new requirements or face penalties.
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What This Means
This bill establishes regulations for AI use in health care, requiring AI systems to notify users they are not human, prohibiting AI from using human titles, and ensuring AI determinations are not based solely on group data, but also on other relevant factors specified in the bill.
Key Provisions
- AI systems must not base determinations solely on group data but also on other relevant factors specified in the bill.
- Denials or delays of coverage based on medical necessity must be reviewed by a licensed clinician or physician competent to evaluate the specific clinical issues.
- Mental health chatbots must disclose they are not human providers.
- Entities, including pharmacy benefit managers, private utilization review organizations, and managed care entities, must disclose AI utilization processes and human oversight of adverse determinations to state departments.
- Prohibits billing for supervision of candidates or professional consultations conducted by AI without human oversight.
- Exempts research-related AI development from certain regulations.
- AI systems must implement protocols for suicidal ideation or self-harm, including referrals to a suicide hotline or crisis text line.
- Prohibits the sale, sharing, or disclosure of identifiable mental health data by chatbots.
- Prohibits payment for psychotherapy services conducted by AI under specific Colorado health acts.
- Prohibits AI systems from using titles, abbreviations, or descriptions that imply they are human mental health providers.
- Requires professionals to disclose AI usage purposes to clients.
- Allows AI to provide general information, support, or education without claiming to be regulated professionals.
- AI systems must provide clear and conspicuous notice to users that they are not human and are not authorized to provide psychotherapy.
- AI systems must disclose that they are artificial intelligence when asked.
Latest Legislative Action
Signed by the Speaker of the House
Bill Sponsors (showing 5 of 18)
| Name | Role |
|---|---|
| B. Titone | Cosponsor |
| C. Kipp | Cosponsor |
| I. Jodeh | Cosponsor |
| J. Amabile | Cosponsor |
| J. Coleman | Cosponsor |
Compliance Checklist
Who: Health care entities using AI systems.
Penalty: Potential penalties for non-compliance.
Who: Entities using AI in health care.
Penalty: Non-compliance may lead to regulatory scrutiny.
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