In one paragraph
Hawaii's SB 2768 (2026) would have barred health carriers and utilization review organizations from using AI, algorithms or software tools to deny, delay or modify a determination to provide health care services, and would have required a licensed health care provider to independently review any adverse action before a carrier issues it. It was referred to HHS/LBT and CPN on January 30, 2026 and was not enacted.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
None: the bill did not pass. It would have barred health insurers from using AI to deny or delay care and required licensed clinician review of adverse actions.
Key provisions
- Carriers or utilization review organizations using AI, an algorithm or a software tool must base decisions on the enrollee's clinical history and circumstances, not solely a group dataset, apply it consistently, open it to Insurance Commissioner inspection, avoid harm, and review its performance at least quarterly
- Must disclose in writing, in each policy or plan issued in the State, how the tool is used in utilization review
- Prohibits using AI, algorithms or software tools to deny, delay or modify a determination to provide health care services
- Before an adverse action such as a prior authorization denial, a licensed health care provider must independently review the claim and may not rely solely on AI, algorithms or software tools
- Defines algorithm, artificial intelligence and licensed health care provider; no penalty provision stated; would have taken effect upon approval
Latest legislative action
Jan 30, 2026. Referred to HHS/LBT, CPN.
Sponsors (showing 5 of 20)
| Name | Role |
|---|---|
| ACASIO | Primary |
| CHANG | Primary |
| GABBARD | Primary |
| Ihara | Primary |
| INOUYE | Primary |
Topics and industries
Related topics
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