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

No companion bills found.

Previously Filed As

MA S2539

Relative to cybersecurity and artificial intelligence

MA S33

Establishing a commission on automated decision-making by government in the commonwealth

MA H4024

Establishing a commission on automated decision-making by government in the Commonwealth

MA H1974

Regulating the use of artificial intelligence (AI) in providing mental health services

MA H64

Establishing a commission on automated decision-making by government in the Commonwealth

MA S1425

Relative to pharmacists as healthcare providers

MA S31

Drafted with the help of ChatGPT to regulate generative artificial intelligence models like ChatGPT

MA H4924

Relative to supported decision making

MA H3619

Prohibiting the participation of healthcare professionals in the torture and abuse of prisoners

MA H4597

Improving medical decision making

Similar Bills

IL HB4836

STATE AGENCIES-AI SYSTEMS

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.

VA HB2094

High-risk artificial intelligence; definitions, development, deployment, and use, civil penalties.

MS HB1267

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TX SB1822

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

TX SB1411

Relating to the use of artificial intelligence-based algorithms by health benefit plan issuers, utilization review agents, health care providers, and physicians.

IA HSB294

A bill for an act relating to artificial intelligence, including the use of artificial intelligence to create materials related to elections and protections in interactions with artificial intelligence systems, and making penalties applicable.