Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1816 3
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By: Representative L. Johnson 5
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For An Act To Be Entitled 8
AN ACT TO PROHIBIT HEALTHCARE PROVIDERS AND 9
HEALTHCARE INSURERS FROM USING ARTIFICIAL 10
INTELLIGENCE IN THE DELIVERY OF HEALTHCARE SERVICES 11
OR THE GENERATION OF MEDICAL RECORDS UNLESS CERTAIN 12
REQUIREMENTS ARE MET; AND FOR OTHER PURPOSES. 13
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Subtitle 16
TO PROHIBIT HEALTHCARE PROVIDERS AND 17
HEALTHCARE INSURERS FROM USING 18
ARTIFICIAL INTELLIGENCE IN THE DELIVERY 19
OF HEALTHCARE SERVICES OR THE GENERATION 20
OF MEDICAL RECORDS UNLESS CERTAIN 21
REQUIREMENTS ARE MET. 22
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
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SECTION 1. Arkansas Code Title 17, Chapter 80, Subchapter 1, is 26
amended to add an additional section to read as follows: 27
17-80-123. Artificial intelligence in healthcare prohibition — 28
Exemption — Definitions. 29
(a) As used in this section: 30
(1) "Artificial intelligence" means a machine -based system that 31
can, for a given set of human -defined objectives, make predictions, 32
recommendations, or decisions influencing real or virtual environments; 33
(2)(A) "Health benefit plan" means: 34
(i) An individual, blanket, or group plan, or a 35
policy or contract for healthcare services offered, issued, renewed, 36 HB1816
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delivered, or extended in this state by a healthcare insurer; and 1
(ii) A health benefit program receiving state or 2
federal appropriations from the State of Arkansas, including the Arkansas 3
Medicaid Program and the Arkansas Health and Opportunity for Me Program or 4
any successor program. 5
(B) "Health benefit plan" includes: 6
(i) Indemnity and managed care plans; and 7
(ii) Nonfederal governmental plans as defined in 29 8
U.S.C. § 1002(32), as it existed on January 1, 2025. 9
(C) "Health benefit plan" does not include: 10
(i) A plan that provides only dental benefits or eye 11
and vision care benefits; 12
(ii) A disability income plan; 13
(iii) A credit insurance plan; 14
(iv) Insurance coverage issued as a supplement to 15
liability insurance; 16
(v) A medical payment under an automobile or 17
homeowners insurance plan; 18
(vi) A health benefit plan provided under Arkansas 19
Constitution, Article 5, § 32, the Workers' Compensation Law, § 11 -9-101 et 20
seq., or the Public Employee Workers' Compensation Act, § 21 -5-601 et seq.; 21
(vii) A plan that provides only indemnity for 22
hospital confinement; 23
(viii) An accident-only plan; 24
(ix) A specified disease plan; or 25
(x) A long-term-care-only plan; 26
(3)(A) "Healthcare insurer" means an insurance company, hospital 27
and medical service corporation, or health maintenance organization that 28
issues or delivers health benefit plans in this state and is subject to: 29
(i) The insurance laws of this state; 30
(ii) Section 23-75-101 et seq., pertaining to 31
hospital and medical service corporations; or 32
(iii) Section 23-76-101 et seq., pertaining to 33
health maintenance organizations. 34
(B) "Healthcare insurer" does not include an entity that 35
provides only dental benefits or eye and vision care benefits; 36 HB1816
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(4) "Healthcare provider" means an individual or entity that is 1
licensed in this state to provide healthcare services; and 2
(5) "Quality assurance laboratory" means an entity or facility 3
that tests and evaluates the performance of artificial intelligence and 4
ensures that the artificial intelligence meets high standards for accuracy, 5
reliability, safety, and ethical considerations. 6
(b) A healthcare provider or a healthcare insurer shall not use 7
artificial intelligence in the delivery of healthcare services or for the 8
generation of medical records unless the artificial intelligence is approved 9
by the United States Food and Drug Administration and verified by a quality 10
assurance laboratory. 11
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