Health carriers may not use AI to audit provider billing codes or to adjust those codes based on AI recommendations if doing so would override, alter, or amend the treating provider's clinical judgment. This is a categorical prohibition — AI may not be used in code auditing that changes a provider's clinical coding decisions, regardless of whether a human reviews the AI output. The definition of artificial intelligence is incorporated by reference to RSA 5-D:1. This provision goes beyond requiring human oversight; it prohibits the use of AI in this specific function entirely to the extent it would change clinical judgment.

Health carriers must maintain records that identify which AI tools are used in claims processing. These records must be available for inspection by the New Hampshire Insurance Department upon audit. This is an ongoing recordkeeping obligation — carriers need a system to track and document AI tool usage in their claims workflows at all times, not just upon request. The obligation covers all AI tools used in claims processing, which is broader than the code auditing prohibition in the same section.

Violations of the AI code auditing prohibition and recordkeeping requirements are classified as unfair insurance practices under RSA 417, which authorizes the Insurance Commissioner to impose administrative fines or order restitution for delays or denials of care caused by violations. This provision creates no independent compliance obligation — it establishes the enforcement and penalty framework for the substantive obligations in the same section.