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NY A09149
Bill
Status
2/8/2024
Primary Sponsor
Pamela Hunter
Click for details
AI Summary
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Requires health insurers, managed care corporations, and HMOs in New York to notify insureds and enrollees on their websites about whether artificial intelligence-based algorithms are used in utilization review decisions.
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Mandates insurers and HMOs submit AI algorithms and training data sets to the Department of Financial Services for certification that they minimize bias based on race, color, creed, ancestry, age, sex, gender, national origin, handicap, or disability.
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Requires clinical peer reviewers to review and document individual clinical records before issuing adverse determinations when using AI algorithms for the first time in utilization review.
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Establishes penalties for violations: up to $5,000 per violation or $10,000 per willful violation for insurers (capped at $500,000 annually), and up to $5,000 or $10,000 per violation for clinical peer reviewers (capped at $100,000 annually), plus potential license suspension or revocation.
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Takes effect 60 days after enactment, with the superintendent authorized to promulgate implementing rules and regulations immediately.
Legislative Description
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 artificial intelligence-based algorithms in the utilization review process.
Last Action
referred to insurance
2/8/2024