South Dakota 2026 Regular Session

South Dakota Senate Bill SB169

Introduced
1/29/26  

Caption

Place requirements on the use of artificial intelligence systems by health carriers in making determinations about the provision of health care services.

Impact

The bill introduces new requirements for health carriers, stipulating that AI tools must apply consistent standards across all patients. It mandates that any adverse health care decisions made via AI must be confirmed by licensed medical professionals, ensuring that human oversight is integral to the decision-making process. Furthermore, health carriers are required to compile and submit annual reports detailing the use of AI in their operations, including the extent of human involvement in the utilization review process. This reporting can enhance accountability and transparency in how AI is implemented in healthcare settings.

Summary

Senate Bill 169 (SB169) aims to regulate the use of artificial intelligence (AI) systems by health carriers when making determinations about the provision of health care services. The legislation mandates that any AI or algorithm used in the utilization review process must take into account individual patient circumstances, clinical histories, and relevant medical records rather than relying solely on group data sets. This is intended to ensure that decisions reflect the specific needs of each patient, thereby protecting patient rights and enhancing the quality of care.

Contention

One potential point of contention surrounding SB169 involves the balance between technological advancements and the need for human oversight in medical decision-making. Supporters argue that the bill is crucial for safeguarding patient interests and ensuring ethical AI application in healthcare. Critics, however, may contend that the additional regulations could slow down the adoption of innovative AI technologies that could improve efficiency in health service provisions. Furthermore, the degree of compliance and oversight required by the bill could impose additional administrative burdens on health carriers, potentially affecting their operational efficiencies.

Companion Bills

No companion bills found.

Previously Filed As

SD SB87

Address preauthorization requirements for certain health care services and utilization review requirements for certain health benefit plans.

SD SB158

Address preauthorization requirements for certain health care services and utilization review requirements for certain health benefit plans.

SD SB76

Repeal reporting and testifying requirements to the committees on health and human services regarding nursing facilities and long-term healthcare needs.

SD HB1029

Update provisions of the South Dakota Retirement System.

SD HB1248

Clarify informed consent requirements for the provision of prenatal and postnatal care to a minor.

SD HB1117

Modify requirements on the use of mobile electronic devices while driving.

SD HB1077

Provide for the inclusion of education regarding mental health in the South Dakota health education standards.

SD HB1102

Require the submission of medical, dental, and pharmaceutical claims data to the Division of Insurance and to establish a health care data system.

SD HCR6001

Honoring healthcare workers who died and risked their lives during the COVID-19 pandemic.

SD HB1060

Revise a provision related to civil commitment following a determination of mental incompetency.

Similar Bills

PA SB1113

Providing for artificial intelligence in facilities, for artificial intelligence use by insurers and for artificial intelligence use by MA or CHIP managed care plans; imposing duties on the Department of Health, the Insurance Department and the Department of Human Services; and imposing penalties.

PA HB1925

Providing for artificial intelligence in facilities, for artificial intelligence use by insurers and for artificial intelligence use by MA or CHIP managed care plans; imposing duties on the Department of Health, the Insurance Department and the Department of Human Services; and imposing penalties.

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

NY S07896

Prescribes requirements and safeguards for the use of an artificial intelligence, algorithm, or other software tool for the purpose of utilization review for health and accident insurance.

NY A08556

Prescribes requirements and safeguards for the use of an artificial intelligence, algorithm, or other software tool for the purpose of utilization review for health and accident insurance.

HI SB2768

Relating To Health Care.

HI HB1787

Relating To Health Care.