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Provides for notice requirements where an insurer authorized to write accident and health insurance in this state, a corporation organized pursuant to article forty-three of this chapter, or a health maintenance organization certified pursuant to article forty-four of the public health law uses…
In one paragraph
New York's A 9149 (2023-2024 session) would have added Insurance Law § 338. Accident and health insurers, article 43 corporations and certified HMOs would have had to post on their websites whether they use AI-based algorithms in utilization review, submit the algorithms and training data to the Department for bias certification, and ensure a clinical peer reviewer documents review of individual clinical records before an adverse determination. Penalties included fines up to $5,000 per violation ($10,000 if willful) and license action. Introduced February 8, 2024 and referred to the Insurance Committee; it never advanced and died at the end of the 2023-2024 session.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
None: the bill died at the end of the 2023-2024 session.
Key provisions
- Adds Insurance Law § 338 on notification regarding the use of AI for utilization review
- The Superintendent must require covered entities to notify insureds and enrollees on a publicly accessible website whether they use or do not use AI-based algorithms in utilization review
- Covered entities must submit algorithms and training data sets to the Department, which would certify they minimize risk of bias based on race, color, religious creed, ancestry, age, sex, gender, national origin, handicap or disability and adhere to evidence-based clinical guidelines
- A clinical peer reviewer must open and document review of individual clinical records or data before issuing an adverse determination
- Penalties: license suspension or revocation, fines up to $5,000 per violation or $10,000 per willful violation, capped at $500,000 per entity ($100,000 per reviewer) a year
- Would have taken effect on the sixtieth day after becoming law; introduced February 8, 2024, referred to Insurance, with no further action
Latest legislative action
Feb 8, 2024. referred to insurance
Sponsors
| Name | Role | District |
|---|---|---|
| Pamela Hunter D | Sponsor | HD-128 |
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