In one paragraph
Massachusetts S2632 would bar AI from denying, delaying or modifying health care on medical-necessity grounds, requiring a licensed professional to decide, and would limit AI in therapy: licensed therapists may use it only for administrative or supplementary support, with civil penalties up to $10,000 per violation. Committee recommended ought to pass and referred to Senate Ways and Means April 2, 2026; it has not passed either chamber.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
None yet: the bill has not been enacted. If enacted, insurers must use licensed clinicians for medical-necessity decisions, and therapists could use AI only for administrative or supplementary tasks.
Key provisions
- Amends G.L. c. 176O, s. 12: a carrier or utilization review organization using AI, algorithms or software for medical-necessity review must ensure the tool bases decisions on the insured's medical history and circumstances, does not rely solely on a group dataset, and does not supplant provider decision-making.
- The tool must not discriminate, must be open to audit by the Division of Insurance and EOHHS, and must be disclosed in written policies and periodically reviewed.
- AI 'shall not deny, delay, or modify health care services' on medical necessity; only a licensed physician or competent licensed health professional may make those determinations.
- The Division and EOHHS may issue guidance within one year after relevant rules.
- New G.L. c. 112, s. 298: therapy services offered to the public, including via internet-based AI, must be provided by a licensed professional, who may not let AI make independent therapeutic decisions, communicate directly with clients in therapy, generate treatment plans without review, or detect emotions.
- The Division of Occupational Licensure may impose civil penalties up to $10,000 per violation; insureds may sue for up to $5,000 per violation or actual damages, whichever is greater, plus punitive damages, injunctive relief and fees.
Latest legislative action
Apr 2, 2026. Committee recommended ought to pass and referred to the committee on Senate Ways and Means
Sponsors (showing 5 of 6)
| Name | Role |
|---|---|
| Brave Act Conference Committee | Primary |
| James B. Eldridge | Primary |
| Joint Committee on Advanced Information Technology, the Internet and Cybersecurity | Primary |
| Joint Committee on Transportation | Primary |
| Senate Committee on Rules | 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