In one paragraph
New Hampshire's HB 1406 (2026), as amended by the House, would require health carriers to keep written records on their use of algorithms and AI in utilization review and require adverse determinations, including payment reductions and down coding, to be made by a qualified health care provider, with written notice and records. It passed the House with amendment on March 11, 2026; the Senate voted it Inexpedient to Legislate on May 7, 2026 and it was killed.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
None: the bill died and never became law. It would have required health carriers to document AI use in utilization review and have providers make adverse determinations.
Key provisions
- Would add RSA 420-J:6, I(e): each health carrier must maintain written records on its use of algorithms, AI or other machine-based systems, including which functions AI is used for and protocols ensuring qualified human review of determinations affecting provider coding decisions
- Would add RSA 420-J:6, XII: all adverse determinations, including payment reductions and down coding, must be made by a qualified health care provider
- The carrier would have to give written notice of the adverse determination, with the reason, to the covered person and the covered person's provider
- The carrier would have to keep records of the information submitted, the information reviewed, the clinical guidelines, whether AI was used to assist the reviewer, and the clinical rationale
- Where a carrier contracts out utilization review functions, including AI systems developed by another entity, the commissioner would hold the carrier responsible for monitoring the contractor and ensuring compliance
- Would have taken effect January 1, 2027; passed the House with Amendment 2026-0986h March 11, 2026; Senate Inexpedient to Legislate May 7, 2026 (killed)
Latest legislative action
May 7, 2026. Inexpedient to Legislate, MA, VV === BILL KILLED ===; 05/07/2026; SJ 11
Sponsors (showing 5 of 12)
| Name | Role | District |
|---|---|---|
| Alicia Gregg D | Sponsor | HD-07-HIL |
| David Nagel R | Sponsor | HD-06-BEL |
| Gaby Grossman D | Sponsor | HD-11-ROC |
| Jessica LaMontagne D | Sponsor | HD-17-STR |
| Mark Pearson R | Sponsor | HD-34-ROC |
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