Arizona Advances Bill to Ban AI from Denying Medical Claims, Following California's Lead

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On Sat, 22 Feb, 8:03 AM UTC

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Arizona lawmakers have passed legislation to prohibit the use of AI in denying medical claims, requiring human review. This move follows similar action in California and reflects growing concerns about AI's role in healthcare decisions.

Arizona Takes Stand Against AI in Medical Claim Denials

In a significant move to regulate the use of artificial intelligence (AI) in healthcare, Arizona state lawmakers have passed new legislation aimed at restricting AI's role in reviewing medical claims. The bill, which passed with a unanimous 58-0 vote in the Arizona House of Representatives, now heads to the state Senate for consideration 12.

Key Provisions of the Arizona Bill

The proposed legislation would prohibit the use of AI to:

  1. Deny a medical claim
  2. Deny prior authorization for medical necessity
  3. Reject claims based on experimental status
  4. Make any decision involving medical judgment

The bill mandates that a healthcare provider must "individually review each claim or prior authorization" before a health insurer can deny a claim for a patient 1.

Motivations Behind the Legislation

State Rep. Julie Willoughby, the Republican sponsor of the bill, emphasized the need to protect Arizonans from losing healthcare access due to AI interference. She stated, "What we're asking for in this is that any claims that are denied have a provider look them over for completeness to ensure that there isn't anything that the AI algorithm may not have accounted for" 12.

The Arizona Medical Association expressed optimism about the bill's success, highlighting the importance of human expertise in healthcare decisions. Shelby Job, the association's communications director, stated, "Patients deserve healthcare delivered by humans with compassionate medical expertise, not pattern-based computer algorithms designed by insurance companies" 1.

California's Precedent and Growing Trend

Arizona's move follows California's enactment of similar legislation, which went into effect on January 1, 2024. The California law, signed by Gov. Gavin Newsom in September 2023, ensures that a licensed physician supervises the use of AI decision-making tools in approving, modifying, or denying provider requests 1.

California State Sen. Josh Becker, who wrote the bill, argued that while AI has "immense potential to enhance healthcare delivery, it should never replace the expertise and judgment of physicians" 1.

Wider Impact and Industry Response

The push to regulate AI in healthcare is gaining momentum across the United States:

  1. Legislation has been introduced in at least 11 states to limit AI use in reviewing medical claims 1.
  2. The American Medical Association has called for more oversight of AI use by health insurance companies since 2023 1.
  3. The Texas Coalition of Patients celebrated the introduction of a similar bill in their state, emphasizing the importance of keeping healthcare decisions in the hands of medical professionals 1.

Challenges and Considerations

While the legislation aims to protect patients, experts note that there is still limited state or federal oversight of "both the development and use of algorithms by health insurers," according to Carmel Shachar, an assistant clinical professor at Harvard Law School 1.

As AI continues to advance and integrate into various aspects of healthcare, policymakers face the challenge of balancing innovation with patient safety and ethical considerations. The Arizona bill represents a significant step in this ongoing dialogue, potentially setting a precedent for other states to follow 12.

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