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SB2953 mandates governance frameworks and consumer protections for AI in Hawaii insurance practices, including health and residential property insurance, with rule-making by the Insurance Commissioner.
Key Provisions
§ 431:13-D: Insurers must establish an AI governance program.
§ 431:13-H: Licensed clinician review required for adverse medical necessity determinations.
§ 431:13-L: Limits on using aerial images for adverse underwriting actions in property insurance.
§ 431:13-C: Commissioner to adopt rules for implementation.
Latest Legislative Action
Referred to CPN/LBT, WAM.
Bill Sponsors (showing 5 of 25)
Name
Role
Baker
Primary
CHANG
Primary
DELA CRUZ
Primary
FEVELLA
Primary
GABBARD
Primary
GALUTERIA
Primary
Harimoto
Primary
Ihara
Primary
INOUYE
Primary
K. Kahele
Primary
Kanuha
Primary
Keith-Agaran
Primary
Kidani
Primary
Kim
Primary
KOUCHI
Primary
L. Thielen
Primary
MCKELVEY
Primary
MISALUCHA
Primary
MORIWAKI
Primary
Nishihara
Primary
Riviere
Primary
S. Chang
Primary
Shimabukuro
Primary
Taniguchi
Primary
Wakai
Primary
Compliance Checklist
Develop and implement an AI system governance program. Who: All insurers using AI systems in insurance practices. Deadline: Ongoing as systems are deployed. Penalty: Considered an unfair trade practice.
Conduct pre-deployment testing and continuous monitoring of AI systems. Who: Insurers using AI systems. Deadline: Before deployment and continuously thereafter. Penalty: Considered an unfair trade practice.
Provide notice and opportunity to rebut adverse underwriting actions based on aerial images. Who: Insurers using aerial images for underwriting. Deadline: At the time of nonrenewal notice. Penalty: Considered an unfair trade practice.
Full Legal Analysis
SB2953 addresses the use of artificial intelligence systems in insurance practices in Hawaii, focusing on consumer protections and governance requirements. The bill mandates insurers to develop and maintain a governance program for AI systems, ensuring transparency, fairness, and compliance with existing standards. It requires licensed clinician review for adverse medical necessity determinations in health insurance when AI is used. For residential property insurance, the bill limits the use of aerial images as the sole basis for adverse underwriting actions, requiring notice and opportunities for rebuttal and cure. The Insurance Commissioner is tasked with adopting rules to implement these provisions, including standards for recordkeeping, testing, and monitoring of AI systems.
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