Nancy Null

HB 1406 - AS INTRODUCED 2026 SESSION 26-2971 05/08 HOUSE BILL 1406 AN ACT prohibiting health carriers from using artificial intelligence to change the clinical judgment of a provider. SPONSORS: Rep. Gregg, Hills. 7; Rep. Nagel, Belk. 6; Rep. Grossman, Rock. 11; Rep. LaMontagne, Straf. 17; Rep. M. Pearson, Rock. 34; Rep. Tellez, Hills. 40; Rep. Salvi, Hills. 9; Rep. Manohar, Hills. 9; Rep. N. Murphy, Hills. 12; Sen. Long, Dist 20; Sen. Birdsell, Dist 19; Sen. Prentiss, Dist 5 COMMITTEE: Commerce and Consumer Affairs ----------------------------------------------------------------- ANALYSIS This bill prohibits health carriers from using artificial intelligence to change the clinical judgment of a provider. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Explanation: Matter added to current law appears in bold italics. Matter removed from current law appears [in brackets and struckthrough.] Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. 26-2971 05/08 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT prohibiting health carriers from using artificial intelligence to change the clinical judgment of a provider. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Managed Care Law; Use of Artificial Intelligence to Change the Clinical Judgment of the Provider Prohibited. Amend RSA 420-J by inserting after section 6-e the following new section: 420-J:6-f Use of Artificial Intelligence by Health Carriers to Change Provider Codes Prohibited. Health carriers are prohibited from using artificial intelligence, as defined in RSA 5-D:1, to conduct audits of provider codes or to adjust such codes based on recommendations from artificial intelligence that would change, alter, or amend the clinical judgment of a provider. Each carrier shall maintain records identifying the use of artificial intelligence tools in claims processing and make such records available to the insurance department upon audit. A violation of this section shall constitute an unfair insurance practice under RSA 417, and the commissioner may impose administrative fines or order restitution for any delay or denial of care resulting from such violation. 2 Effective Date. This act shall take effect January 1, 2027.