MA H97: Protecting consumers in interactions with artificial intelligence systems

In one paragraph

Massachusetts's H 97 would add Chapter 93M requiring developers and deployers of high-risk AI systems (those making or substantially influencing decisions on education, employment, finance, government services, health care, housing, insurance or legal services) to use reasonable care against algorithmic discrimination, with documentation, risk programs, impact assessments and consumer notices, and requiring disclosure when consumers interact with AI. Reported favorably and referred to House Ways and Means December 24, 2025; it has not passed either house.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

If enacted, companies that develop or use AI for consequential decisions about Massachusetts residents, and those offering consumer-facing AI, would have to document, assess and disclose their systems; most duties apply no later than 6 months after the act's effective date.

Key provisions

1. 1Developers of high-risk AI systems would have to use reasonable care, give deployers documentation (training-data summaries, limitations, evaluation and mitigation), and post a public statement of their high-risk systems
2. 2Developers would have to disclose to the Attorney General and known deployers, within 90 days, discovery (or a credible deployer report) that a high-risk system caused algorithmic discrimination; deployers would have to notify the Attorney General within 90 days of discovering it
3. 3Deployers would have to run a risk management policy and program, complete impact assessments at least annually and within 90 days of a substantial modification, and keep records for at least three years after final deployment
4. 4Deployers would have to tell consumers before a high-risk system is used in a consequential decision, and give those adversely affected the reasons, a chance to correct data and an appeal with human review if technically feasible
5. 5Any AI system meant to interact with consumers would have to disclose that it is AI, unless that is obvious to a reasonable person
6. 6Deployers with fewer than 50 full-time-equivalent employees that meet the further conditions in section 3(f) would be exempt from the risk program, impact assessment and website statement duties
7. 7Attorney General would have exclusive enforcement; violations would be unfair trade practices under chapter 93A, with no private right of action; the bill would take effect no later than 6 months after passage

Latest legislative action

Dec 24, 2025. Bill reported favorably by committee and referred to the committee on House Ways and Means

Sponsors (showing 5 of 23)