Hawaii 2026 Regular Session

Hawaii Senate Bill SB2768

Introduced
1/23/26  

Caption

Relating To Health Care.

Impact

This bill proposes substantial amendments to Hawaii's Revised Statutes by introducing new sections that outline strict conditions for the use of artificial intelligence in health insurance decisions. It mandates that any health carrier employing such technologies must ensure that decisions are based on individualized patient data rather than general datasets. Furthermore, it requires regular reviews of the systems to ensure their reliability and performance do not harm enrollees. Thus, SB2768 could lead to more consistent and fair treatment of patients by ensuring that complex clinical judgments are made with human oversight, particularly emphasizing the role of licensed healthcare providers in reviewing adverse actions before they are finalized.

Summary

SB2768 aims to regulate the use of artificial intelligence and algorithms in health insurance utilization reviews. The bill has been introduced to address concerns over the growing reliance on these technologies in decision-making processes, particularly how they can impact a patient's access to timely and appropriate medical care. By instituting regulations around their use, the bill seeks to enhance transparency and accountability for health insurance providers, which are becoming increasingly dependent on automated systems for coverage and claims decisions. The legislature emphasizes that these practices raise significant concerns regarding the wrongful denial of health insurance claims.

Contention

Notably, the bill has spurred discussions about the balance between innovation and ethical practices in healthcare. Proponents argue that regulation is necessary to prevent the misuse of technologies that could lead to patient harm through automated decision-making processes. Meanwhile, critics may contend that such regulations could hinder advancements in efficient healthcare delivery and the potential benefits of using AI. Furthermore, questions may arise around how these restrictions might affect operational costs for health carriers and ultimately the premium costs for consumers.

Companion Bills

HI HB1787

Same As Relating To Health Care.

Previously Filed As

HI HB716

Relating To Health.

HI SB959

Relating To Health.

HI SB1323

Relating To Health Care.

HI SB1449

Relating To Prior Authorization Of Health Care Services.

HI SR26

Strongly Supporting And Recommending The Implementation Of The Revised 2025 Hawaii Patient Bill Of Rights.

HI HB250

Relating To Health.

HI HB62

Relating To Healthcare Facility Nurse Staffing.

HI HB1490

Relating To Health Care.

HI SB59

Relating To Algorithmic Discrimination.

HI SB1179

Relating To Health Care.

Similar Bills

HI SB2212

Relating To Artificial Intelligence Literacy Education.

HI HB1887

Relating To Artificial Intelligence Literacy Education.

CA SB813

California AI Standards and Safety Commission: independent verification organizations.

HI SB2923

Relating To Artificial Intelligence.

NJ A4352

Requires school districts to provide instruction on artificial intelligence; requires Secretary of Higher Education to develop artificial intelligence model curricula.

NJ S2860

Establishes Artificial Intelligence Apprenticeship Program and artificial intelligence apprenticeship tax credit program.

NJ S1802

Requires artificial intelligence companies to conduct safety tests and report results to Office of Information Technology.

CA AB1137

Reporting mechanism: child sexual abuse material.