Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S46

Introduced
2/27/25  

Caption

Relative to the use of artificial intelligence and other software tools in healthcare decision-making

Impact

The bill proposes several essential requirements for artificial intelligence applications in healthcare, including the stipulation that AI systems must base their determinations on an insured’s individual clinical information rather than solely on group datasets. Additionally, it mandates that the use of AI should not replace healthcare professionals' decision-making capabilities. These measures are designed to protect against potential discrimination and ensure equitable treatment for all insured individuals under state and federal laws, particularly concerning medical necessity determinations, which must be made by qualified healthcare professionals.

Summary

Bill S46 is an act presented to the Massachusetts General Court aimed at regulating the use of artificial intelligence (AI) and software tools in healthcare decision-making. Specifically, it seeks to establish guidelines that utilization review organizations and health carriers must follow when employing these technologies. The intent behind this bill is not only to streamline healthcare decision-making but also to ensure that AI systems act in compliance with state and federal laws, safeguarding both providers and patients in the healthcare process.

Contention

Notably, the bill addresses potential concerns about the ethical application of AI in healthcare settings, including safeguards to prevent direct or indirect harm to patients. By delineating restrictions on how AI may be applied, particularly around sensitive determinations like medical necessity, the bill aims to foster trust in these technological tools among healthcare providers and the public. However, debates may arise regarding the balance between technological advancement and human oversight in healthcare, particularly in discussions surrounding the appropriateness and fairness of algorithmic decision-making in clinical settings.

Companion Bills

MA S2632

Replaced by Relative to the use of artificial intelligence and other software tools in healthcare decision-making

Previously Filed As

MA S2632

Relative to the use of artificial intelligence and other software tools in healthcare decision-making

MA SB987

Artificial Intelligence - Health Software and Health Insurance Decision Making

MA HB515

Artificial intelligence; regulate use in health coverage decisions

MA AB1898

Workplace artificial intelligence tools.

MA SB467

Enacting the use of artificial intelligence in medical decisions transparency act and requiring that all medical necessity determinations be made by a competent licensed physician or healthcare professional.

MA SB444

Private Review Agents; certain decisions with regard to the provision of insurance coverage for healthcare services shall not be based solely on artificial intelligence systems; provide

MA HB197

Provides for the use of artificial intelligence by healthcare providers

MA SB2281

Relating To The Use Of Artificial Intelligence In Health Care.

MA S49

Relative to cybersecurity and artificial intelligence

MA SSB3014

A bill for an act relating to the use of artificial intelligence systems and related software by state agencies for employment and other purposes.

Similar Bills

TX SB1822

Relating to the use of artificial intelligence-based algorithms in utilization review conducted for certain health benefit plans.

MD HB1385

Health Insurance - Use of Artificial Intelligence - Human Evaluation

HI HB1787

Relating To Health Care.

HI SB2768

Relating To Health Care.

MD HB795

Health Insurance - Artificial Intelligence - Grievance Process and Reporting (AI Health Insurance Accountability Act of 2026)

FL H0527

Mandatory Human Reviews of Insurance Claim Denials

TX SB815

Relating to the use of certain automated systems in, and certain adverse determinations made in connection with, the health benefit claims process.

HI HB2500

Relating To Artificial Intelligence.