WHAT THIS BILL REGULATES · 5 REQUIREMENT TYPES
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.
This chapter shall be known and may be cited as the "AI Medical Services Act."
Names the chapter the "AI Medical Services Act." No substantive obligations.
[Definitions section — verbatim text captured in top-level definitions object.]
Definitional section. Establishes the core defined terms used throughout the chapter, including the AAASP entity definition, the four AI operational role categories (informational, advisory, supervised autonomous, fully autonomous), clinical condition categories (preventive, chronic, noncritical, critical, time-sensitive), and the scope of "clinical AI service." These definitions drive the entire licensure framework.
(1)–(9) [Board composition, appointment, staffing, fees, rulemaking authority, meeting procedures, and disciplinary authority — full statutory text in PDF.]
Establishes the Board of Autonomous Medical Practice as the dedicated licensing authority for AAASPs, housed within the Division of Occupational and Professional Licenses. The Board has eleven voting members across clinical, ethics, hospital, consumer, and technical disciplines, and is empowered to grant/suspend/revoke licenses, run an institutional review board, conduct algorithmic safety and bias audits, and issue state provider identifiers.
This is structural and procedural — it creates the regulator but imposes no direct compliance obligations on AAASPs. Substantive duties flow from later sections.
(1) The following AI operational categories are exempt from licensure under this chapter, provided they do not exceed the scope set forth in this section: (a) All informational AIInformational AI"Informational AI" means artificial intelligence that provides aggregated data, literature, or administrative information to a user but does not suggest a specific clinical action, such as search retrieval, transcription, or back-office support.Idaho Code § 54-6002(4)(c) systems, regardless of the clinical condition they are applied to; (b) Advisory AIAdvisory AI"Advisory AI" means artificial intelligence that analyzes patient-specific data to generate options, potential diagnoses, risk stratification, or therapeutic suggestions for a licensed health care provider or directly for a patient or user, where such output is intended to inform but not substitute for independent clinical judgment and where the provider or user is expected to review, contextualize, and determine whether and how to act regarding the suggestion for each patient encounter.Idaho Code § 54-6002(4)(a) as applied to preventive, chronic, or noncritical conditions; and (c) Supervised autonomous AISupervised autonomous AI"Supervised autonomous AI" means artificial intelligence authorized to generate and execute a clinical action, diagnosis, or treatment plan under the supervision of a licensed human provider who retains the ability to intervene.Idaho Code § 54-6002(4)(d) applied strictly to preventive conditions and not issuing patient-specific clinical orders as part of a licensed professional service rendered within this state, including but not limited to medication orders, laboratory orders, or device orders.
(2)–(3) [Base classes A/B/C, autonomy modifiers L0–L3, and clinical decision support liability protections.]
(4) 1 An AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) license is required for any entity operating clinical AI servicesClinical AI service"Clinical AI service" means any software system, algorithmic model, or automated service that, whether independently or in combination with human involvement, performs, supports, or materially influences functions that constitute the practice of medicine or other licensed clinical practice with respect to a specific patient, to the extent otherwise permitted under applicable law. "Clinical AI service" encompasses AI systems across a spectrum of functionality and autonomy, including information-providing, advisory, supervised autonomous, and autonomous systems, when such systems engage in patient-directed clinical functions... Such functions include but are not limited to: (i) Collecting, analyzing, interpreting, or synthesizing clinical data, biometric data, diagnostic data, laboratory data, imaging data, or patient-reported information for a specific patient; (ii) Generating or supporting clinical assessments, diagnostic conclusions, risk stratification, triage determinations, treatment plans, medication selection or dosing, or therapeutic initiation, modification, continuation, or discontinuation for a specific patient; (iii) Recommending, supporting, or interpreting laboratory tests, diagnostic procedures, or monitoring parameters for a specific patient; (iv) Monitoring patient status, detecting clinically meaningful changes, predicting clinical deterioration or improvement, or supporting clinical intervention workflows for a specific patient, whether in real time or asynchronously; and (v) Communicating clinical information, recommendations, alerts, or guidance intended to inform patient care or licensed clinician decision-making for a specific patient. [Carve-outs for purely administrative, financial, scheduling, billing, inventory, claims processing, documentation assistance, generalized clinical education, population-level analytics, research, quality improvement, public health surveillance, or de-identified data processing apply, provided such systems do not materially influence clinical decision-making for a specific patient.]Idaho Code § 54-6002(6) that fall within the following categories: (a) Critical advisory AIAdvisory AI"Advisory AI" means artificial intelligence that analyzes patient-specific data to generate options, potential diagnoses, risk stratification, or therapeutic suggestions for a licensed health care provider or directly for a patient or user, where such output is intended to inform but not substitute for independent clinical judgment and where the provider or user is expected to review, contextualize, and determine whether and how to act regarding the suggestion for each patient encounter.Idaho Code § 54-6002(4)(a): Advisory AIAdvisory AI"Advisory AI" means artificial intelligence that analyzes patient-specific data to generate options, potential diagnoses, risk stratification, or therapeutic suggestions for a licensed health care provider or directly for a patient or user, where such output is intended to inform but not substitute for independent clinical judgment and where the provider or user is expected to review, contextualize, and determine whether and how to act regarding the suggestion for each patient encounter.Idaho Code § 54-6002(4)(a) tools applied to critical and time-sensitive conditions that are intended, represented, or reasonably relied on to guide clinical action in a manner that substitutes for, rather than merely informs, independent clinical judgment and that does not satisfy the clinical decision support liability protections set forth in subsection (3) of this section. (b) Clinical supervised AI: Supervised autonomous AISupervised autonomous AI"Supervised autonomous AI" means artificial intelligence authorized to generate and execute a clinical action, diagnosis, or treatment plan under the supervision of a licensed human provider who retains the ability to intervene.Idaho Code § 54-6002(4)(d) applied to chronic, noncritical, critical, or time-sensitive conditions, or preventive conditions but only where the service includes patient-specific clinical orders, including but not limited to medication orders, laboratory orders, or device orders as part of a licensed professional service rendered within this state. (c) Fully autonomous AIFully autonomous AI"Fully autonomous AI" means artificial intelligence authorized to independently diagnose, treat, triage, or prescribe without the necessity of human supervision or intervention for each distinct case.Idaho Code § 54-6002(4)(b): All fully autonomous AIFully autonomous AI"Fully autonomous AI" means artificial intelligence authorized to independently diagnose, treat, triage, or prescribe without the necessity of human supervision or intervention for each distinct case.Idaho Code § 54-6002(4)(b) systems, regardless of the condition category they are applied to.
(5)–(9) [Provisional vs. full license issuance, reciprocity (sandbox, federal, recognition), order-issuing authority for L2/L3, and timeline rules with deemed-provisional-license backstop.]
The core scoping section. Establishes which AI operational categories are exempt and which require an AAASP license, defines the base license classes (A: state clinical service; B: federal device reciprocity; C: therapeutic/support) and autonomy modifiers (L0–L3), and requires an initial provisional/sandbox license for all new applicants. Licensure is required for: critical advisory AI that substitutes for clinical judgment, supervised autonomous AI that issues patient-specific orders, and all fully autonomous AI.
L2 and L3 AAASPs are authorized to issue prescription orders (excluding controlled substances), laboratory orders, and device orders — a substantial expansion that the bill itself acknowledges must navigate FDA preemption issues. Establishes processing timelines (30 days for completeness review, 90 days for final determination, with a deemed-approval provisional license if the Board misses the deadline).
(1)–(2) 2 Patients have the right to know the nature of the health care provider delivering clinical services. (2) Prior to or at the time of service, an AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) operating under modifier L2 shall disclose to the patient: "An artificial intelligence system was used to generate and execute a clinical action, diagnosis, or treatment plan under the supervision of a licensed human provider who retains the ability to intervene. You have the right to request a human review of the decision, which may incur additional costs or time." This disclosure requirement does not apply to advisory AIAdvisory AI"Advisory AI" means artificial intelligence that analyzes patient-specific data to generate options, potential diagnoses, risk stratification, or therapeutic suggestions for a licensed health care provider or directly for a patient or user, where such output is intended to inform but not substitute for independent clinical judgment and where the provider or user is expected to review, contextualize, and determine whether and how to act regarding the suggestion for each patient encounter.Idaho Code § 54-6002(4)(a) tools that provide recommendations, risk scores, alerts, or guidance to a licensed human health care provider who independently determines whether and how to act.
(3) 3 Prior to delivering services, an AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) operating under modifier L3 shall obtain affirmative patient acknowledgment of the following disclosure: "You are receiving care from an autonomous AI provider licensed by the State. This provider is an artificial intelligence system and does not include routine human clinical oversight. You may seek additional or alternative care from a licensed human health care provider of your choice at any time."
(4) 4 In addition to the requirement set forth under subsection (3) of this section, a modifier L3 AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) operating under a provisional license shall disclose to the patient: "This provider is operating under a provisional State license as part of a regulatory sandbox evaluating safety and effectiveness. By consenting to this service, you acknowledge that liability for noneconomic damages may be limited under State law as provided in the AI Medical Services Act."
Imposes patient-facing disclosure obligations that scale with autonomy level. L2 (supervised autonomous) AAASPs must give a defined pre-service disclosure that AI generated the action under human supervision and that the patient may request human review. L3 (fully autonomous) AAASPs must obtain affirmative patient acknowledgment of a more pointed disclosure that no routine human clinical oversight is involved. Provisional-license L3 AAASPs must additionally disclose noneconomic damages limitations.
These are scripted disclosures — the statute provides verbatim language operators must use.
(1) 5 An AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) holding a modifier L2 or L3 license shall be bound by a professional duty of loyalty to the patient. The AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) must act solely in the best clinical interest of the patient. (b) The professional duty of loyalty includes a mandate for economic stewardship of the patient's resources. Stewardship requires the AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) to prioritize the patient's overall welfare, which includes the optimization of clinical outcomes, financial efficiency, care coordination, and patient convenience. An AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) violates this duty if its clinical logic is configured to prioritize the financial interests of the AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) or its affiliates over a substantially similar and clinically appropriate alternative that offers superior value, coordination, or efficiency to the patient.
(2) 6 The interface through which a clinical AI serviceClinical AI service"Clinical AI service" means any software system, algorithmic model, or automated service that, whether independently or in combination with human involvement, performs, supports, or materially influences functions that constitute the practice of medicine or other licensed clinical practice with respect to a specific patient, to the extent otherwise permitted under applicable law. "Clinical AI service" encompasses AI systems across a spectrum of functionality and autonomy, including information-providing, advisory, supervised autonomous, and autonomous systems, when such systems engage in patient-directed clinical functions... Such functions include but are not limited to: (i) Collecting, analyzing, interpreting, or synthesizing clinical data, biometric data, diagnostic data, laboratory data, imaging data, or patient-reported information for a specific patient; (ii) Generating or supporting clinical assessments, diagnostic conclusions, risk stratification, triage determinations, treatment plans, medication selection or dosing, or therapeutic initiation, modification, continuation, or discontinuation for a specific patient; (iii) Recommending, supporting, or interpreting laboratory tests, diagnostic procedures, or monitoring parameters for a specific patient; (iv) Monitoring patient status, detecting clinically meaningful changes, predicting clinical deterioration or improvement, or supporting clinical intervention workflows for a specific patient, whether in real time or asynchronously; and (v) Communicating clinical information, recommendations, alerts, or guidance intended to inform patient care or licensed clinician decision-making for a specific patient. [Carve-outs for purely administrative, financial, scheduling, billing, inventory, claims processing, documentation assistance, generalized clinical education, population-level analytics, research, quality improvement, public health surveillance, or de-identified data processing apply, provided such systems do not materially influence clinical decision-making for a specific patient.]Idaho Code § 54-6002(6) interacts with a patient is deemed a clinical space. (b) It shall be unlawful for an AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) to display, verbally articulate, or otherwise present paid commercial content, advertisements, sponsored results, or third-party marketing messages within the context of a clinical encounter, diagnosis, or treatment plan. (c) An AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) shall not use conversational prompts or nudges designed to persuade a patient to request a specific medication or optional commercial service for the sole purpose of financial gain.
(3) 7 An AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) shall not utilize weights, biases, or prompt engineering to prefer an affiliated pharmacy, specialist, or manufacturer unless such preference is based on objectively verifiable clinical, economic, or coordination advantages for the patient... (b) If an algorithm results in a recommendation for an affiliated entity, the AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) satisfies its duty of loyalty... provided it: (i) Discloses the financial affiliation in a clear and conspicuous manner at the point of recommendation; and (ii) Presents the patient with a choice of at least two (2) nonaffiliated alternatives of similar clinical quality, where reasonably available, presented with equal visual prominence in the interface.
(4) 8 Every AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) shall maintain an immutable clinical logic snapshot for every version of its algorithm deployed in production, including the underlying weights, decision logic, and prompt-engineering instructions. (b) AAASPsAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) shall retain these snapshots for a period of two (2) years to allow for retrospective replay of the logic used in any specific patient encounter during a board audit. (c) Once an AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) receives formal notice of an investigation, it is prohibited from altering or deleting any snapshots related to the investigation period.
(5) The board is authorized to perform statistical audits of an AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1)'s referral and prescription patterns. (b) A finding that an AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) recommends an affiliate at a rate significantly higher than the regional average, or other appropriate clinical or economic benchmarks as determined by the board, shall create a rebuttable presumption of unlawful steering. (c) An AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) may rebut this presumption by demonstrating through its clinical logic snapshots that the preference was driven by objective data...
Imposes a fiduciary-style duty of clinical loyalty on L2/L3 AAASPs, requiring them to act solely in the patient's best clinical interest. Configures the patient interface as a "clinical space" in which paid commercial content, advertisements, sponsored results, and persuasive prompts for financial gain are prohibited. Restricts algorithmic preference for affiliated pharmacies/specialists/manufacturers absent objective patient-benefit justification, and requires clear-and-conspicuous affiliation disclosure plus presentation of two non-affiliated alternatives where any recommendation favors an affiliate.
Also imposes an immutable algorithmic logic snapshot retention requirement (two years per deployed version, including weights, decision logic, and prompt-engineering instructions), with a freeze obligation upon investigation notice. Authorizes Board statistical audits with a rebuttable presumption of unlawful steering when affiliate referral rates exceed regional benchmarks.
(1)–(3) [Two-year provisional sandbox period; Board scope restrictions during sandbox; high-need patient carve-out from geographic/volume limits.]
(4) 9 The board shall establish ethical review procedures and human subjects protections. (a) As part of the application process, every sandbox applicant must submit a determination to the board ethicist declaring whether the applicant's proposed data collection constitutes "human subjects research" under 45 CFR 46 or is exempt or a quality improvement... (c) If the activity is determined to be human subjects research, or if the applicant elects to treat it as such to support future federal applications, the applicant must obtain institutional review board approval prior to commencing data collection.
(5)(a)–(c) 10 All AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) applicants must submit proof of professional liability insurance coverage commensurate with human specialists in the same field or as determined by the board. (b) All AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) applicants shall submit to state and federal criminal background checks... [for owners ≥10%, designated responsible officialDesignated responsible official"Designated responsible official" means a natural person designated by an AAASP who is authorized to bind the AAASP for compliance and administrative matters under this chapter, to receive legal process and board notices, and to certify filings and reports required by the board. A designated responsible official is not, solely by designation, deemed to be practicing a licensed health care profession.Idaho Code § 54-6002(8), medical directorMedical director"Medical director" means a physician licensed and in good standing in this state who is designated by an AAASP to provide clinical oversight of the AAASP's clinical scope, safety protocols, escalation pathways, and quality assurance processes, as required by this chapter or board rule.Idaho Code § 54-6002(10), unsupervised direct-care personnel]. (c) All AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) applicants must submit a surety bond payable to the state consumer protection fund... in an amount determined by the board, but no less than fifty thousand dollars ($50,000)...
(5)(d)–(e) 11 Each AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) applicant and licensee shall maintain on file with the board a current designated responsible officialDesignated responsible official"Designated responsible official" means a natural person designated by an AAASP who is authorized to bind the AAASP for compliance and administrative matters under this chapter, to receive legal process and board notices, and to certify filings and reports required by the board. A designated responsible official is not, solely by designation, deemed to be practicing a licensed health care profession.Idaho Code § 54-6002(8) and contact information. Failure to maintain a current designation is grounds for administrative action. (e) Each AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) applying for or holding a modifier L2 or modifier L3 license shall designate a medical directorMedical director"Medical director" means a physician licensed and in good standing in this state who is designated by an AAASP to provide clinical oversight of the AAASP's clinical scope, safety protocols, escalation pathways, and quality assurance processes, as required by this chapter or board rule.Idaho Code § 54-6002(10)...
(6) 12 As a condition of licensure, every AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) applicant must submit and maintain a wind-down and continuity plan approved by the board. Such plan must detail procedures for the AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1)'s insolvency, license revocation, or market exit. (b) The plan must designate a successor data custodian such as a health information exchange or state repository. In a triggering event, the AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) shall transfer all patient data to the successor data custodian in an interoperable format within seventy-two (72) hours. (c) The AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) must maintain a data transfer escrow or bond sufficient to cover the technical costs of data migration. (d) The AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) must carry tail coverage on its liability policy for a period equal to the state statute of limitations for malpractice plus one (1) year. (e) The board is authorized to seize the surety bond to execute the wind-down and continuity plan if the AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) fails to initiate it voluntarily.
(7) 13 –(e) [Board safety/performance benchmarks; annual performance reports demonstrating ongoing benchmark compliance; license suspension authority on model drift; adverse and reportable eventReportable event"Reportable event" means an adverse event, a material near miss, a material malfunction affecting clinical output, or a material data integrity failure affecting patient-specific clinical decisions.Idaho Code § 54-6002(11) reporting; alignment with federal benchmarks.]
Defines the two-year provisional sandbox period that is the mandatory entry point for all new AAASP licensees. Authorizes the Board to impose geographic, volume, scope, and phased-deployment restrictions during the sandbox and to maintain or relax those restrictions in any subsequent restricted full license. Carves out a high-need patient access exception that overrides geographic/volume restrictions for HPSA residents, severely ill patients, terminal patients, and patients lacking timely access to human clinicians.
Imposes ethical-review obligations through a state-centralized IRB, financial accountability requirements (professional liability insurance, criminal background checks for owners/officials/medical director/clinical personnel, $50,000+ surety bond), wind-down/data-custodian planning with 72-hour transfer obligations, and ongoing safety-benchmark performance reporting with annual reports and adverse-event reporting.
(1)–(2) 14 [Defines authorized scope: consistent with chapter and license class/modifier; consistent with model's validated technical specifications, training data, intended use, and performance parameters; performance within the human-equivalent standard of care.]
(3)–(8) [Corporate practice waiver; provider-patient relationship recognition; sandbox noneconomic damages cap referencing § 6-1603; Board exclusive jurisdiction; medical-director liability scope.]
Defines the AAASP scope of practice and applies a human-equivalent standard of care: the AI's clinical conduct is judged against what a reasonable and prudent human provider in the same specialty would do. Waives the corporate-practice-of-medicine doctrine to the extent necessary to permit AAASPs to hold licenses and bill. Establishes that delivering a clinical AI service creates a provider-patient relationship giving rise to professional duty, standard of care, confidentiality, and civil liability.
Notably caps noneconomic damages for sandbox participants in substantial compliance with the Act and informed-consent rules. Grants the Board exclusive jurisdiction over AAASPs and prohibits other state licensing boards (e.g., the medical board) from imposing requirements that restrict lawful AAASP operation.
(1)–(3) A person or entity shall not offer, operate, market, or deploy a clinical AI serviceClinical AI service"Clinical AI service" means any software system, algorithmic model, or automated service that, whether independently or in combination with human involvement, performs, supports, or materially influences functions that constitute the practice of medicine or other licensed clinical practice with respect to a specific patient, to the extent otherwise permitted under applicable law. "Clinical AI service" encompasses AI systems across a spectrum of functionality and autonomy, including information-providing, advisory, supervised autonomous, and autonomous systems, when such systems engage in patient-directed clinical functions... Such functions include but are not limited to: (i) Collecting, analyzing, interpreting, or synthesizing clinical data, biometric data, diagnostic data, laboratory data, imaging data, or patient-reported information for a specific patient; (ii) Generating or supporting clinical assessments, diagnostic conclusions, risk stratification, triage determinations, treatment plans, medication selection or dosing, or therapeutic initiation, modification, continuation, or discontinuation for a specific patient; (iii) Recommending, supporting, or interpreting laboratory tests, diagnostic procedures, or monitoring parameters for a specific patient; (iv) Monitoring patient status, detecting clinically meaningful changes, predicting clinical deterioration or improvement, or supporting clinical intervention workflows for a specific patient, whether in real time or asynchronously; and (v) Communicating clinical information, recommendations, alerts, or guidance intended to inform patient care or licensed clinician decision-making for a specific patient. [Carve-outs for purely administrative, financial, scheduling, billing, inventory, claims processing, documentation assistance, generalized clinical education, population-level analytics, research, quality improvement, public health surveillance, or de-identified data processing apply, provided such systems do not materially influence clinical decision-making for a specific patient.]Idaho Code § 54-6002(6) requiring licensure under section 54-6004, Idaho Code, without a valid AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) license issued under this chapter. (2) A person or entity shall not falsely represent that it holds an AAASPAAASP"AAASP" or "artificial intelligence augmented and autonomous service provider" means a corporate or legal entity licensed by the board to operate clinical AI services that are subject to licensure pursuant to section 54-6004, Idaho Code. (a) For the purposes of state law governing patient privacy, confidentiality, credentialing, reimbursement, and professional accountability as administered under this chapter, an AAASP is deemed a health care provider. (b) For the purposes of state-administered patient privacy, confidentiality, credentialing, and reimbursement laws, and for federal laws that expressly defer to state determinations of provider status, including the federal health insurance portability and accountability act (HIPAA), an AAASP is deemed a health care provider, without creating or implying recognition for purposes of medicare, medicaid, or other federal payment programs. (c) An AAASP shall be treated as a health care provider under all applicable state privacy and confidentiality laws and shall comply with HIPAA to the extent it functions as a covered entity or business associate.Idaho Code § 54-6002(1) license, license class, or autonomy modifier, or use any words, letters, or symbols that reasonably imply such licensure. (3) A person or entity shall not knowingly aid, abet, or facilitate the unlicensed practice prohibited by this section.
(4)–(5) [Cease-and-desist authority, AG injunctive relief, $10,000 per-count administrative fine.]
Establishes the enforcement backbone. Prohibits operating a license-required clinical AI service without an AAASP license, false representation of licensure, and aiding unlicensed practice. Authorizes Board cease-and-desist orders, AG-led injunctive relief, and administrative fines up to $10,000 per count.
(1)–(3) [Reimbursement collaboration directive; unique state provider identifier; federal-match restriction absent CMS guidance; preference for value-based payment.]
Directs the Department of Health and Welfare and the state employee health plan to develop reimbursement codes, pilots, and coverage determinations for AAASP sandbox participants. Issues a unique state provider identifier for state-payer billing where federal NPI is unavailable. Restricts federal Medicaid match for AAASP services until CMS provides written eligibility guidance — recognizing the federal preemption issue head-on.
(1)–(5) [Department of Insurance guidance/rulemaking by July 1, 2027; ERISA savings clause; no mandatory coverage requirement.]
Directs the Department of Insurance to issue guidance by July 1, 2027, addressing AAASP recognition as a reimbursable provider type, billing mechanisms, network credentialing standards, and prohibition on coverage denial solely because the service was AI-delivered. ERISA savings clause included. Imposes obligations on the regulator, not on AAASPs.
(1)–(6) [Rule of construction; federal compliance disclaimers; presumption of authorization; least-restrictive-means rulemaking constraint.]
A rule-of-construction section establishing that the chapter regulates professional medical conduct rather than computational resources, disclaiming any authorization to violate the Federal Food, Drug, and Cosmetic Act or Controlled Substances Act, and codifying a state policy that AI-enabled health care services are presumed authorized absent a specific data-backed safety risk. No new compliance obligations.
The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.
Standard severability clause.
An emergency existing therefor, which emergency is hereby declared to exist, this act shall be in full force and effect on and after July 1, 2026.
Emergency clause; act takes effect July 1, 2026.