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A03991 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3991
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 30, 2025
                                       ___________
 
        Introduced  by M. of A. FORREST -- read once and referred to the Commit-
          tee on Insurance
 
        AN ACT to amend the insurance law, in relation to requirements  for  the
          usage of artificial intelligence in utilization review and management
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subsection (a) of section  107  of  the  insurance  law  is
     2  amended by adding a new paragraph 56 to read as follows:
     3    (56)  "Artificial  intelligence"  means an engineered or machine-based
     4  system that varies in its level of autonomy and that can,  for  explicit
     5  or implicit objectives, infer from the input it receives how to generate
     6  outputs that can influence physical or virtual environments.
     7    §  2.  The  insurance law is amended by adding a new section 3224-e to
     8  read as follows:
     9    § 3224-e. Requirements for usage of artificial intelligence in  utili-
    10  zation review and management. (a) A health care service plan or special-
    11  ized  health  care  service  plan  that uses an artificial intelligence,
    12  algorithm, or other software tool for the purpose of utilization  review
    13  or utilization management functions, or that contracts with or otherwise
    14  works through an entity that uses an artificial intelligence, algorithm,
    15  or other software tool for the purpose of utilization review or utiliza-
    16  tion  management  functions,  shall  comply  with this section and shall
    17  ensure all of the following:
    18    (1) The artificial intelligence, algorithm,  or  other  software  tool
    19  bases its determination on the following information, as applicable:
    20    (i) An enrollee's medical or dental history;
    21    (ii)  Individual clinical circumstances as presented by the requesting
    22  provider; and
    23    (iii) Other relevant clinical information contained in the  enrollee's
    24  medical or dental record.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07314-01-5

        A. 3991                             2
 
     1    (2)  The  artificial  intelligence,  algorithm, or other software tool
     2  does not supplant health care provider decision making.
     3    (3)  The use of the artificial intelligence, algorithm, or other soft-
     4  ware tool does  not  adversely  discriminate,  directly  or  indirectly,
     5  against  an  individual  on the basis of race, color, religion, national
     6  origin, ancestry, age, sex, gender, gender identity, gender  expression,
     7  sexual  orientation, present or predicted disability, expected length of
     8  life, degree of medical dependency, quality of  life,  or  other  health
     9  conditions.
    10    (4)  The artificial intelligence, algorithm, or other software tool is
    11  fairly and equitably applied.
    12    (5) The artificial intelligence, algorithm, or other software tool  is
    13  open to inspection.
    14    (6)  Disclosures pertaining to the use and oversight of the artificial
    15  intelligence, algorithm, or other software tool  are  contained  in  the
    16  written policies and procedures.
    17    (7)  The  artificial intelligence, algorithm, or other software tool's
    18  performance, use, and outcomes are periodically reviewed and revised  to
    19  maximize accuracy and reliability.
    20    (8)  Patient  data is not used beyond its intended and stated purpose,
    21  consistent with applicable state laws and the federal  Health  Insurance
    22  Portability and Accountability Act of 1996 (Public Law 104-191).
    23    (9)  The  artificial  intelligence,  algorithm, or other software tool
    24  does not directly or indirectly cause harm to the enrollee.
    25    (b) Notwithstanding subsection (a) of this section, a  denial,  delay,
    26  or modification of health care services based on medical necessity shall
    27  be  made by a licensed physician or other health care provider competent
    28  to evaluate the specific clinical issues involved  in  the  health  care
    29  services requested by the provider by considering the requesting provid-
    30  er's  recommendation and based on recommendation, the enrollee's medical
    31  or dental history, as applicable, and individual clinical circumstances.
    32    § 3. This act shall take effect immediately.
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