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AI Summary
The bill regulates AI in health care, defining 'mental health companion chatbot' and prohibiting billing for AI-provided psychotherapy services.
Business Impact
If you use AI for health care utilization reviews in Colorado, you must ensure compliance with new requirements or face penalties.
What do these statuses mean? ▼
Introduced
— Filed in the legislature; not yet heard in committee
In Committee
— Assigned to and being reviewed by a legislative committee
Passed
— Approved by one or both chambers; awaiting further action
Signed / Enacted
— Signed into law by the governor; may or may not be in effect yet
Dead / Vetoed
— Vetoed, failed to pass, or session expired without action
Unknown
— Status data not yet available or awaiting classification
Affected Industries
Topics How we classify →
What This Means
This bill establishes regulations for AI use in health care, defining 'mental health companion chatbot' and prohibiting billing for psychotherapy services provided by AI.
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.
- Defines 'mental health companion chatbot' and outlines conditions for unauthorized practice.
Latest Legislative Action
Governor Signed
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
Ensure AI systems comply with individual data requirements for utilization reviews.
Who: Health care entities using AI systems.
Penalty: Potential penalties for non-compliance.
Who: Health care entities using AI systems.
Penalty: Potential penalties for non-compliance.
Disclose AI utilization processes to relevant state departments.
Who: Entities using AI in health care.
Penalty: Non-compliance may lead to regulatory scrutiny.
Who: Entities using AI in health care.
Penalty: Non-compliance may lead to regulatory scrutiny.
Related & Companion Bills
Full Legal Analysis
The bill requires entities, including pharmacy benefit managers, private utilization review organizations, and managed care entities, using AI systems for utilization review in health care to comply with specific standards, ensuring decisions are based on individual patient data, including medical or clinical history and other relevant factors, rather than solely on group data. Additionally, entities must disclose AI utilization review functions and points in the process to the division of insurance, the department of human services, or the department of health care policy and financing. The bill defines a 'mental health companion chatbot' and outlines specific conditions under which it is considered to engage in unauthorized practice. It prohibits billing for supervision of candidates or professional consultations conducted by an AI system without human oversight and prohibits health insurance carriers and payers under specific Colorado health acts from paying for psychotherapy services conducted by an AI system. It also exempts AI development, testing, or evaluation conducted for research by an institutional review board. Furthermore, the bill mandates that AI systems implement protocols for addressing suicidal ideation or self-harm, including referrals to a suicide hotline or crisis text line. It prohibits the sale, sharing, or disclosure of identifiable mental health data by chatbots and prohibits AI systems from using titles, abbreviations, or descriptions that imply they are human mental health providers. AI systems must provide clear and conspicuous notice to users that they are not human and are not authorized to provide psychotherapy. The bill requires regulated professionals to disclose to clients the purposes for which AI systems are used in their practice. A licensed clinician or physician competent to evaluate the specific clinical issues must review denials or delays of coverage based on medical necessity. AI systems must disclose that they are artificial intelligence when asked.
Official Source
Official Bill Text
View HB 1139 on official legislature website →
Related Topics
Affected Industries
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