WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a)(1)–(5) As used in this section: (1) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments;Ark. Code § 17-80-123(a)(1)" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments; (2)(A) "Health benefit planHealth benefit plan"Health benefit plan" means: (i) An individual, blanket, or group plan, or a policy or contract for healthcare services offered, issued, renewed, delivered, or extended in this state by a healthcare insurer; and (ii) A health benefit program receiving state or federal appropriations from the State of Arkansas, including the Arkansas Medicaid Program and the Arkansas Health and Opportunity for Me Program or any successor program. (B) "Health benefit plan" includes: (i) Indemnity and managed care plans; and (ii) Nonfederal governmental plans as defined in 29 U.S.C. § 1002(32), as it existed on January 1, 2025. (C) "Health benefit plan" does not include: (i) A plan that provides only dental benefits or eye and vision care benefits; (ii) A disability income plan; (iii) A credit insurance plan; (iv) Insurance coverage issued as a supplement to liability insurance; (v) A medical payment under an automobile or homeowners insurance plan; (vi) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., or the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (vii) A plan that provides only indemnity for hospital confinement; (viii) An accident-only plan; (ix) A specified disease plan; or (x) A long-term-care-only plan;Ark. Code § 17-80-123(a)(2)" means: (i) An individual, blanket, or group plan, or a policy or contract for healthcare services offered, issued, renewed, delivered, or extended in this state by a healthcare insurerHealthcare insurer"Healthcare insurer" means an insurance company, hospital and medical service corporation, or health maintenance organization that issues or delivers health benefit plans in this state and is subject to: (i) The insurance laws of this state; (ii) Section 23-75-101 et seq., pertaining to hospital and medical service corporations; or (iii) Section 23-76-101 et seq., pertaining to health maintenance organizations. (B) "Healthcare insurer" does not include an entity that provides only dental benefits or eye and vision care benefits;Ark. Code § 17-80-123(a)(3); and (ii) A health benefit program receiving state or federal appropriations from the State of Arkansas, including the Arkansas Medicaid Program and the Arkansas Health and Opportunity for Me Program or any successor program. (B) "Health benefit planHealth benefit plan"Health benefit plan" means: (i) An individual, blanket, or group plan, or a policy or contract for healthcare services offered, issued, renewed, delivered, or extended in this state by a healthcare insurer; and (ii) A health benefit program receiving state or federal appropriations from the State of Arkansas, including the Arkansas Medicaid Program and the Arkansas Health and Opportunity for Me Program or any successor program. (B) "Health benefit plan" includes: (i) Indemnity and managed care plans; and (ii) Nonfederal governmental plans as defined in 29 U.S.C. § 1002(32), as it existed on January 1, 2025. (C) "Health benefit plan" does not include: (i) A plan that provides only dental benefits or eye and vision care benefits; (ii) A disability income plan; (iii) A credit insurance plan; (iv) Insurance coverage issued as a supplement to liability insurance; (v) A medical payment under an automobile or homeowners insurance plan; (vi) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., or the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (vii) A plan that provides only indemnity for hospital confinement; (viii) An accident-only plan; (ix) A specified disease plan; or (x) A long-term-care-only plan;Ark. Code § 17-80-123(a)(2)" includes: (i) Indemnity and managed care plans; and (ii) Nonfederal governmental plans as defined in 29 U.S.C. § 1002(32), as it existed on January 1, 2025. (C) "Health benefit planHealth benefit plan"Health benefit plan" means: (i) An individual, blanket, or group plan, or a policy or contract for healthcare services offered, issued, renewed, delivered, or extended in this state by a healthcare insurer; and (ii) A health benefit program receiving state or federal appropriations from the State of Arkansas, including the Arkansas Medicaid Program and the Arkansas Health and Opportunity for Me Program or any successor program. (B) "Health benefit plan" includes: (i) Indemnity and managed care plans; and (ii) Nonfederal governmental plans as defined in 29 U.S.C. § 1002(32), as it existed on January 1, 2025. (C) "Health benefit plan" does not include: (i) A plan that provides only dental benefits or eye and vision care benefits; (ii) A disability income plan; (iii) A credit insurance plan; (iv) Insurance coverage issued as a supplement to liability insurance; (v) A medical payment under an automobile or homeowners insurance plan; (vi) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., or the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (vii) A plan that provides only indemnity for hospital confinement; (viii) An accident-only plan; (ix) A specified disease plan; or (x) A long-term-care-only plan;Ark. Code § 17-80-123(a)(2)" does not include: (i) A plan that provides only dental benefits or eye and vision care benefits; (ii) A disability income plan; (iii) A credit insurance plan; (iv) Insurance coverage issued as a supplement to liability insurance; (v) A medical payment under an automobile or homeowners insurance plan; (vi) A health benefit planHealth benefit plan"Health benefit plan" means: (i) An individual, blanket, or group plan, or a policy or contract for healthcare services offered, issued, renewed, delivered, or extended in this state by a healthcare insurer; and (ii) A health benefit program receiving state or federal appropriations from the State of Arkansas, including the Arkansas Medicaid Program and the Arkansas Health and Opportunity for Me Program or any successor program. (B) "Health benefit plan" includes: (i) Indemnity and managed care plans; and (ii) Nonfederal governmental plans as defined in 29 U.S.C. § 1002(32), as it existed on January 1, 2025. (C) "Health benefit plan" does not include: (i) A plan that provides only dental benefits or eye and vision care benefits; (ii) A disability income plan; (iii) A credit insurance plan; (iv) Insurance coverage issued as a supplement to liability insurance; (v) A medical payment under an automobile or homeowners insurance plan; (vi) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., or the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (vii) A plan that provides only indemnity for hospital confinement; (viii) An accident-only plan; (ix) A specified disease plan; or (x) A long-term-care-only plan;Ark. Code § 17-80-123(a)(2) provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., or the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (vii) A plan that provides only indemnity for hospital confinement; (viii) An accident-only plan; (ix) A specified disease plan; or (x) A long-term-care-only plan; (3)(A) "Healthcare insurerHealthcare insurer"Healthcare insurer" means an insurance company, hospital and medical service corporation, or health maintenance organization that issues or delivers health benefit plans in this state and is subject to: (i) The insurance laws of this state; (ii) Section 23-75-101 et seq., pertaining to hospital and medical service corporations; or (iii) Section 23-76-101 et seq., pertaining to health maintenance organizations. (B) "Healthcare insurer" does not include an entity that provides only dental benefits or eye and vision care benefits;Ark. Code § 17-80-123(a)(3)" means an insurance company, hospital and medical service corporation, or health maintenance organization that issues or delivers health benefit plansHealth benefit plan"Health benefit plan" means: (i) An individual, blanket, or group plan, or a policy or contract for healthcare services offered, issued, renewed, delivered, or extended in this state by a healthcare insurer; and (ii) A health benefit program receiving state or federal appropriations from the State of Arkansas, including the Arkansas Medicaid Program and the Arkansas Health and Opportunity for Me Program or any successor program. (B) "Health benefit plan" includes: (i) Indemnity and managed care plans; and (ii) Nonfederal governmental plans as defined in 29 U.S.C. § 1002(32), as it existed on January 1, 2025. (C) "Health benefit plan" does not include: (i) A plan that provides only dental benefits or eye and vision care benefits; (ii) A disability income plan; (iii) A credit insurance plan; (iv) Insurance coverage issued as a supplement to liability insurance; (v) A medical payment under an automobile or homeowners insurance plan; (vi) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., or the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (vii) A plan that provides only indemnity for hospital confinement; (viii) An accident-only plan; (ix) A specified disease plan; or (x) A long-term-care-only plan;Ark. Code § 17-80-123(a)(2) in this state and is subject to: (i) The insurance laws of this state; (ii) Section 23-75-101 et seq., pertaining to hospital and medical service corporations; or (iii) Section 23-76-101 et seq., pertaining to health maintenance organizations. (B) "Healthcare insurerHealthcare insurer"Healthcare insurer" means an insurance company, hospital and medical service corporation, or health maintenance organization that issues or delivers health benefit plans in this state and is subject to: (i) The insurance laws of this state; (ii) Section 23-75-101 et seq., pertaining to hospital and medical service corporations; or (iii) Section 23-76-101 et seq., pertaining to health maintenance organizations. (B) "Healthcare insurer" does not include an entity that provides only dental benefits or eye and vision care benefits;Ark. Code § 17-80-123(a)(3)" does not include an entity that provides only dental benefits or eye and vision care benefits; (4) "Healthcare providerHealthcare provider"Healthcare provider" means an individual or entity that is licensed in this state to provide healthcare services;Ark. Code § 17-80-123(a)(4)" means an individual or entity that is licensed in this state to provide healthcare services; and (5) "Quality assurance laboratoryQuality assurance laboratory"Quality assurance laboratory" means an entity or facility that tests and evaluates the performance of artificial intelligence and ensures that the artificial intelligence meets high standards for accuracy, reliability, safety, and ethical considerations.Ark. Code § 17-80-123(a)(5)" means an entity or facility that tests and evaluates the performance of artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments;Ark. Code § 17-80-123(a)(1) and ensures that the artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments;Ark. Code § 17-80-123(a)(1) meets high standards for accuracy, reliability, safety, and ethical considerations.
(b) 1 A healthcare providerHealthcare provider"Healthcare provider" means an individual or entity that is licensed in this state to provide healthcare services;Ark. Code § 17-80-123(a)(4) or a healthcare insurerHealthcare insurer"Healthcare insurer" means an insurance company, hospital and medical service corporation, or health maintenance organization that issues or delivers health benefit plans in this state and is subject to: (i) The insurance laws of this state; (ii) Section 23-75-101 et seq., pertaining to hospital and medical service corporations; or (iii) Section 23-76-101 et seq., pertaining to health maintenance organizations. (B) "Healthcare insurer" does not include an entity that provides only dental benefits or eye and vision care benefits;Ark. Code § 17-80-123(a)(3) shall not use artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments;Ark. Code § 17-80-123(a)(1) in the delivery of healthcare services or for the generation of medical records unless the artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments;Ark. Code § 17-80-123(a)(1) is approved by the United States Food and Drug Administration and verified by a quality assurance laboratoryQuality assurance laboratory"Quality assurance laboratory" means an entity or facility that tests and evaluates the performance of artificial intelligence and ensures that the artificial intelligence meets high standards for accuracy, reliability, safety, and ethical considerations.Ark. Code § 17-80-123(a)(5).
This section creates a blanket prohibition on the use of artificial intelligence by healthcare providers and healthcare insurers in two contexts: the delivery of healthcare services and the generation of medical records. The prohibition applies unless two conditions are both satisfied — the AI must be approved by the U.S. Food and Drug Administration and independently verified by a quality assurance laboratory.
The definition of artificial intelligence is broad, covering any machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments. The covered entity definitions sweep in all state-licensed healthcare providers and all healthcare insurers issuing health benefit plans in Arkansas, including Medicaid and the Arkansas Health and Opportunity for Me Program. The bill contains no enforcement provision, penalty, or private right of action — compliance consequences would depend on existing regulatory authority over these entities.