Printed on recycled paper 132nd MAINE LEGISLATURE FIRST REGULAR SESSION-2025 Legislative Document No. 955S.P. 411 In Senate, March 11, 2025 An Act to Ensure Human Oversight in Medical Insurance Payment Decisions Received by the Secretary of the Senate on March 6, 2025. Referred to the Committee on Health Coverage, Insurance and Financial Services pursuant to Joint Rule 308.2 and ordered printed. DAREK M. GRANT Secretary of the Senate Presented by Senator MARTIN of Oxford. Cosponsored by Representative ZAGER of Portland and Senators: BENNETT of Oxford, CYRWAY of Kennebec, HARRINGTON of York, TIPPING of Penobscot, Representatives: Speaker FECTEAU of Biddeford, MORRIS of Turner, SOBOLESKI of Phillips. Page 1 - 132LR0803(01) 1 2 is enacted to read: 3 4 to a carrier as defined in section subsection 3 on or after January 1, 2026, a carrier 5 may not deny a claim based solely on the use of artificial intelligence. For the purposes of 6 this subsection, "artificial intelligence" means a computerized system capable of making 7 decisions or recommendations based on algorithms and data analysis. 8 is enacted to read: 9 10 medical review or utilization review determinations relating to the approval, denial or 11 adjustment of coverage for services under a health plan based solely on the use of artificial 12 intelligence. Before a carrier denies benefits or reduces payment for services using artificial 13 intelligence, the carrier shall conduct a utilization review done by a physician who is 14 licensed in this State, including a review of the medical necessity of the services, the 15 professional judgment of the enrollee's provider and the impact of any denial of benefits or 16 reduction in payment on the enrollee's health outcomes. An enrollee or provider has the 17 right to appeal any determination under this subsection in accordance with section 4303, 18 subsection 4. For the purposes of this subsection, "artificial intelligence" means a 19 computerized system capable of making decisions or recommendations based on 20 algorithms and data analysis. 21 is enacted to read: 22 23 subsection 8 related to the use of artificial intelligence by a carrier. Rules adopted pursuant 24 to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 25 2-A. 26 is enacted to read: 27 28 quarterly thereafter, a carrier shall report to the bureau on the number of denials of coverage 29 under subsection 8, the outcome of the review conducted by a licensed physician in 30 accordance with subsection 8 and the number of appeals of a determination under 31 subsection 8 and the outcome of those appeals. Beginning February 1, 2027 and annually 32 thereafter, the bureau shall submit a report summarizing the quarterly reports from carriers 33 to the joint standing committee of the Legislature having jurisdiction over health insurance 34 matters. 35 36 No later than November 1, 2025, the Department of Professional and 37 Financial Regulation, Bureau of Insurance shall adopt rules relating to the use of artificial 38 intelligence as required by the Maine Revised Statutes, Title 24-A, section 4304, subsection 39 9. 40 41 This bill prohibits, beginning January 1, 2026, health insurance carriers from denying 42 coverage or claims for services under a health plan solely based on the use of artificial 41 42 Page 2 - 132LR0803(01) 43 intelligence. The bill requires that, before a carrier denies benefits or reduces payment for 44 services using artificial intelligence, a carrier must conduct a utilization review done by a 45 physician who is licensed in this State that includes a review of the medical necessity of 46 the services, the professional judgment of the enrollee's provider and the impact of any 47 denial of benefits or reduction in payment on the enrollee's health outcomes. The bill 48 requires carriers and the Department of Professional and Financial Regulation, Bureau of 49 Insurance to report on a quarterly and annual basis, respectively, on the use of artificial 50 intelligence. The bill also requires the bureau to adopt rules related to the use of artificial 51 intelligence by carriers no later than November 1, 2025. 1 2 3 4 5 6 7 8 9