State regulation of AI in healthcare encompasses a broad range of applications including AI-assisted diagnostics, automated treatment planning, mental health chatbots, insurance claim processing, and clinical trial optimization. These laws aim to balance innovation with patient safety and equitable access to care.
Key compliance considerations include FDA coordination with state requirements, informed consent for AI-assisted care, bias auditing of clinical algorithms, and data privacy protections specific to health information used in AI systems.
Health Tech Investment Act
The Health Tech Investment Act amends Title XVIII of the Social Security Act to address algorithm-based healthcare services under Medicare.
Creates privacy standards for electronic health products and services and permissible data brokering; requires consent to be given for the collection and/or sharing of personal health information or other personal data.
The bill establishes privacy standards for electronic health products in New York, requiring user consent for data activities.
Prohibits discrimination through the use of clinical algorithms; provides exceptions for clinical algorithms that rely on variables to appropriately make decisions, including to identify, evaluate, and address health disparities.
Prohibits discrimination via clinical algorithms; allows exceptions for algorithms using variables to address health disparities.
Companion chatbots: crisis interruption pauses.
The bill's proposals for companion chatbots and crisis intervention are speculative without the full text.
Establishes patient safety and quality assurance measures regarding the distribution of patient-specific medication from an insurer-designated pharmacy
The bill establishes a pilot program using biometric technology for Medicaid identification and anti-fraud purposes in New York.
Prohibits advertising artificial intelligence system as licensed mental health professional.
This bill prohibits advertising AI systems as licensed mental health professionals in New Jersey, pending verification of specific details from the full bill text.
Companion chatbots.
SB243 mandates operators of companion chatbots to disclose AI interactions and report on user safety measures.
AN ACT to amend Tennessee Code Annotated, Title 39, relative to criminal offenses.
This bill creates the offense of coercive suicide, targeting AI systems that encourage individuals to commit suicide. The analysis is limited due to the absence of the full bill text.
Prohibits advertising artificial intelligence system as licensed mental health professional.
This bill prohibits advertising AI systems as licensed mental health professionals in New Jersey.
AN ACT relating to mental health chatbots.
The bill establishes consumer protections for mental health chatbots, defining terms and prohibiting misleading advertising while ensuring clear disclosure of AI use. It also provides an affirmative defense to liability if specific requirements are met.
Health Tech Investment Act
The Health Tech Investment Act aims to amend Medicare payment structures to include algorithm-based healthcare services.
State-by-State Regulation of AI in Healthcare
Artificial intelligence regulation is advancing at the state level, and AI in Healthcare is one of the most actively legislated areas. State attorneys general, privacy regulators, and legislatures are developing a patchwork of laws that impose different obligations on businesses deploying AI systems related to this topic. Compliance teams and legal counsel must track both enacted laws and the pipeline of pending bills that could shift requirements at any time.
Key regulatory themes in AI in Healthcare legislation include consumer disclosure obligations, prohibition on specific high-risk uses, mandatory algorithmic impact assessments, bias audits, rights to explanation, and human override requirements. Penalties for non-compliance vary by state — use our Penalty Tracker to review enforcement provisions. For upcoming effective dates, see the Deadlines page.
To understand how AI in Healthcare laws intersect with specific industries, browse our Healthcare, Employment, Insurance, and Financial Services industry trackers. Compare how different state laws approach this topic using our Bill Comparator.