NY A09149: Provides for notice requirements where an insurer authorized to write accident and health insurance in this state, a corporation organized pursuant t… Verified

The A09149 bill requires insurers authorized to write accident and health insurance in New York, as well as health maintenance organizations, to disclose their use of artificial intelligence-based algorithms in the utilization review process. Insurers must notify insureds about the use or lack of AI in their processes on their websites. Additionally, they are required to submit the AI algorithms and training data sets to the department, which will certify that these algorithms minimize bias and adhere to clinical guidelines. Compliance is mandatory for all relevant insurers and health organizations, effective 60 days after the bill becomes law. The penalties for non-compliance, determined at the discretion of the superintendent in consultation with the commissioner of health and the commissioner of education, include fines up to $10,000 for willful violations, license suspensions, and potential revocation of licenses, which could significantly impact operations. Key definitions in the bill clarify what constitutes an 'artificial intelligence-based algorithm' and outline the roles of clinical peer reviewers in the utilization review process. This bill aligns with a growing trend in other states to regulate the use of AI in healthcare, focusing on transparency and accountability to protect consumers from potential biases in automated decision-making.