WHAT THIS BILL REGULATES · 4 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.
(a) This chapter shall be known and may be cited as "The Transparency and Accountability in 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. Artificial intelligence systems use machine and human-based inputs to: (i) Perceive real and virtual environments; (ii) Abstract such perceptions into models through analysis in an automated manner; and (iii) Use model inference to formulate options for information or action.R.I. Gen. Laws § 27-83-2(2) Use by Health InsurersInsurer"Insurer" means an insurance company licensed, or required to be licensed, by the State of Rhode Island or other entity subject to the jurisdiction of the commissioner or the jurisdiction of the department of business regulation pursuant to chapter 62 of title 42, that contracts or offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including, without limitation: a for-profit or nonprofit hospital, medical or dental service corporation or plan, a health maintenance organization, a health insurance company, or any other entity providing a plan of health insurance, accident and sickness insurance, health benefits, or healthcare services.R.I. Gen. Laws § 27-83-2(4) to Manage Coverage and Claims Act."
(b) The purpose of this chapter is to regulate the use 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. Artificial intelligence systems use machine and human-based inputs to: (i) Perceive real and virtual environments; (ii) Abstract such perceptions into models through analysis in an automated manner; and (iii) Use model inference to formulate options for information or action.R.I. Gen. Laws § 27-83-2(2) (AI) by health insurersInsurer"Insurer" means an insurance company licensed, or required to be licensed, by the State of Rhode Island or other entity subject to the jurisdiction of the commissioner or the jurisdiction of the department of business regulation pursuant to chapter 62 of title 42, that contracts or offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including, without limitation: a for-profit or nonprofit hospital, medical or dental service corporation or plan, a health maintenance organization, a health insurance company, or any other entity providing a plan of health insurance, accident and sickness insurance, health benefits, or healthcare services.R.I. Gen. Laws § 27-83-2(4) to ensure transparency, accountability and compliance with state and federal requirements for claims and coverage management.
This section establishes the short title of the act and states its purpose: to regulate the use of artificial intelligence by health insurers to ensure transparency, accountability, and compliance with state and federal requirements for claims and coverage management. It creates no independent compliance obligations.
(1) "Adverse benefit determinationAdverse benefit determination"Adverse benefit determination" means a decision not to authorize a healthcare service, including a denial, reduction, or termination of, or a failure to provide or make a payment, in whole or in part, for a benefit. A decision by a utilization-review agent to authorize a healthcare service in an alternative setting, a modified extension of stay, or an alternative treatment shall not constitute an adverse benefit determination if the review agent and healthcare provider are in agreement regarding the decision. Adverse benefit determinations include: (i) "Administrative adverse benefit determinations" means any adverse benefit determination that does not require the use of medical judgment or clinical criteria such as a determination of an individual's eligibility to participate in coverage, a determination that a benefit is not a covered benefit, or any rescission of coverage; and (ii) "Non-administrative adverse benefit determinations" means any adverse benefit determination that requires or involves the use of medical judgement or clinical criteria to determine whether the service being reviewed is medically necessary and/or appropriate. This includes the denial of treatments determined to be experimental or investigational, and any denial of coverage of a prescription drug because that drug is not on the healthcare entity's formulary.R.I. Gen. Laws § 27-83-2(1)" means a decision not to authorize a healthcare service, including a denial, reduction, or termination of, or a failure to provide or make a payment, in whole or in part, for a benefit. A decision by a utilization-review agent to authorize a healthcare service in an alternative setting, a modified extension of stay, or an alternative treatment shall not constitute an adverse benefit determinationAdverse benefit determination"Adverse benefit determination" means a decision not to authorize a healthcare service, including a denial, reduction, or termination of, or a failure to provide or make a payment, in whole or in part, for a benefit. A decision by a utilization-review agent to authorize a healthcare service in an alternative setting, a modified extension of stay, or an alternative treatment shall not constitute an adverse benefit determination if the review agent and healthcare provider are in agreement regarding the decision. Adverse benefit determinations include: (i) "Administrative adverse benefit determinations" means any adverse benefit determination that does not require the use of medical judgment or clinical criteria such as a determination of an individual's eligibility to participate in coverage, a determination that a benefit is not a covered benefit, or any rescission of coverage; and (ii) "Non-administrative adverse benefit determinations" means any adverse benefit determination that requires or involves the use of medical judgement or clinical criteria to determine whether the service being reviewed is medically necessary and/or appropriate. This includes the denial of treatments determined to be experimental or investigational, and any denial of coverage of a prescription drug because that drug is not on the healthcare entity's formulary.R.I. Gen. Laws § 27-83-2(1) if the review agent and healthcare provider are in agreement regarding the decision. Adverse benefit determinationsAdverse benefit determination"Adverse benefit determination" means a decision not to authorize a healthcare service, including a denial, reduction, or termination of, or a failure to provide or make a payment, in whole or in part, for a benefit. A decision by a utilization-review agent to authorize a healthcare service in an alternative setting, a modified extension of stay, or an alternative treatment shall not constitute an adverse benefit determination if the review agent and healthcare provider are in agreement regarding the decision. Adverse benefit determinations include: (i) "Administrative adverse benefit determinations" means any adverse benefit determination that does not require the use of medical judgment or clinical criteria such as a determination of an individual's eligibility to participate in coverage, a determination that a benefit is not a covered benefit, or any rescission of coverage; and (ii) "Non-administrative adverse benefit determinations" means any adverse benefit determination that requires or involves the use of medical judgement or clinical criteria to determine whether the service being reviewed is medically necessary and/or appropriate. This includes the denial of treatments determined to be experimental or investigational, and any denial of coverage of a prescription drug because that drug is not on the healthcare entity's formulary.R.I. Gen. Laws § 27-83-2(1) include: (i) "Administrative adverse benefit determinationsAdverse benefit determination"Adverse benefit determination" means a decision not to authorize a healthcare service, including a denial, reduction, or termination of, or a failure to provide or make a payment, in whole or in part, for a benefit. A decision by a utilization-review agent to authorize a healthcare service in an alternative setting, a modified extension of stay, or an alternative treatment shall not constitute an adverse benefit determination if the review agent and healthcare provider are in agreement regarding the decision. Adverse benefit determinations include: (i) "Administrative adverse benefit determinations" means any adverse benefit determination that does not require the use of medical judgment or clinical criteria such as a determination of an individual's eligibility to participate in coverage, a determination that a benefit is not a covered benefit, or any rescission of coverage; and (ii) "Non-administrative adverse benefit determinations" means any adverse benefit determination that requires or involves the use of medical judgement or clinical criteria to determine whether the service being reviewed is medically necessary and/or appropriate. This includes the denial of treatments determined to be experimental or investigational, and any denial of coverage of a prescription drug because that drug is not on the healthcare entity's formulary.R.I. Gen. Laws § 27-83-2(1)" means any adverse benefit determinationAdverse benefit determination"Adverse benefit determination" means a decision not to authorize a healthcare service, including a denial, reduction, or termination of, or a failure to provide or make a payment, in whole or in part, for a benefit. A decision by a utilization-review agent to authorize a healthcare service in an alternative setting, a modified extension of stay, or an alternative treatment shall not constitute an adverse benefit determination if the review agent and healthcare provider are in agreement regarding the decision. Adverse benefit determinations include: (i) "Administrative adverse benefit determinations" means any adverse benefit determination that does not require the use of medical judgment or clinical criteria such as a determination of an individual's eligibility to participate in coverage, a determination that a benefit is not a covered benefit, or any rescission of coverage; and (ii) "Non-administrative adverse benefit determinations" means any adverse benefit determination that requires or involves the use of medical judgement or clinical criteria to determine whether the service being reviewed is medically necessary and/or appropriate. This includes the denial of treatments determined to be experimental or investigational, and any denial of coverage of a prescription drug because that drug is not on the healthcare entity's formulary.R.I. Gen. Laws § 27-83-2(1) that does not require the use of medical judgment or clinical criteria such as a determination of an individual's eligibility to participate in coverage, a determination that a benefit is not a covered benefit, or any rescission of coverage; and (ii) "Non-administrative adverse benefit determinationsAdverse benefit determination"Adverse benefit determination" means a decision not to authorize a healthcare service, including a denial, reduction, or termination of, or a failure to provide or make a payment, in whole or in part, for a benefit. A decision by a utilization-review agent to authorize a healthcare service in an alternative setting, a modified extension of stay, or an alternative treatment shall not constitute an adverse benefit determination if the review agent and healthcare provider are in agreement regarding the decision. Adverse benefit determinations include: (i) "Administrative adverse benefit determinations" means any adverse benefit determination that does not require the use of medical judgment or clinical criteria such as a determination of an individual's eligibility to participate in coverage, a determination that a benefit is not a covered benefit, or any rescission of coverage; and (ii) "Non-administrative adverse benefit determinations" means any adverse benefit determination that requires or involves the use of medical judgement or clinical criteria to determine whether the service being reviewed is medically necessary and/or appropriate. This includes the denial of treatments determined to be experimental or investigational, and any denial of coverage of a prescription drug because that drug is not on the healthcare entity's formulary.R.I. Gen. Laws § 27-83-2(1)" means any adverse benefit determinationAdverse benefit determination"Adverse benefit determination" means a decision not to authorize a healthcare service, including a denial, reduction, or termination of, or a failure to provide or make a payment, in whole or in part, for a benefit. A decision by a utilization-review agent to authorize a healthcare service in an alternative setting, a modified extension of stay, or an alternative treatment shall not constitute an adverse benefit determination if the review agent and healthcare provider are in agreement regarding the decision. Adverse benefit determinations include: (i) "Administrative adverse benefit determinations" means any adverse benefit determination that does not require the use of medical judgment or clinical criteria such as a determination of an individual's eligibility to participate in coverage, a determination that a benefit is not a covered benefit, or any rescission of coverage; and (ii) "Non-administrative adverse benefit determinations" means any adverse benefit determination that requires or involves the use of medical judgement or clinical criteria to determine whether the service being reviewed is medically necessary and/or appropriate. This includes the denial of treatments determined to be experimental or investigational, and any denial of coverage of a prescription drug because that drug is not on the healthcare entity's formulary.R.I. Gen. Laws § 27-83-2(1) that requires or involves the use of medical judgement or clinical criteria to determine whether the service being reviewed is medically necessary and/or appropriate. This includes the denial of treatments determined to be experimental or investigational, and any denial of coverage of a prescription drug because that drug is not on the healthcare entity's formulary.
(2) "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. Artificial intelligence systems use machine and human-based inputs to: (i) Perceive real and virtual environments; (ii) Abstract such perceptions into models through analysis in an automated manner; and (iii) Use model inference to formulate options for information or action.R.I. Gen. Laws § 27-83-2(2)" 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. 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. Artificial intelligence systems use machine and human-based inputs to: (i) Perceive real and virtual environments; (ii) Abstract such perceptions into models through analysis in an automated manner; and (iii) Use model inference to formulate options for information or action.R.I. Gen. Laws § 27-83-2(2) systems use machine and human-based inputs to: (i) Perceive real and virtual environments; (ii) Abstract such perceptions into models through analysis in an automated manner; and (iii) Use model inference to formulate options for information or action.
(3) "EnrolleeEnrollee"Enrollee" means an individual who has health insurance coverage through an insurer.R.I. Gen. Laws § 27-83-2(3)" means an individual who has health insurance coverage through an insurerInsurer"Insurer" means an insurance company licensed, or required to be licensed, by the State of Rhode Island or other entity subject to the jurisdiction of the commissioner or the jurisdiction of the department of business regulation pursuant to chapter 62 of title 42, that contracts or offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including, without limitation: a for-profit or nonprofit hospital, medical or dental service corporation or plan, a health maintenance organization, a health insurance company, or any other entity providing a plan of health insurance, accident and sickness insurance, health benefits, or healthcare services.R.I. Gen. Laws § 27-83-2(4).
(4) "InsurerInsurer"Insurer" means an insurance company licensed, or required to be licensed, by the State of Rhode Island or other entity subject to the jurisdiction of the commissioner or the jurisdiction of the department of business regulation pursuant to chapter 62 of title 42, that contracts or offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including, without limitation: a for-profit or nonprofit hospital, medical or dental service corporation or plan, a health maintenance organization, a health insurance company, or any other entity providing a plan of health insurance, accident and sickness insurance, health benefits, or healthcare services.R.I. Gen. Laws § 27-83-2(4)" means an insurance company licensed, or required to be licensed, by the State of Rhode Island or other entity subject to the jurisdiction of the commissioner or the jurisdiction of the department of business regulation pursuant to chapter 62 of title 42, that contracts or offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including, without limitation: a for-profit or nonprofit hospital, medical or dental service corporation or plan, a health maintenance organization, a health insurance company, or any other entity providing a plan of health insurance, accident and sickness insurance, health benefits, or healthcare services.
(5) "Medically necessary careMedically necessary care"Medically necessary care" means a medical, surgical, or other service required for the prevention, diagnosis, cure, or treatment of a health-related condition including any such services that are necessary to prevent or slow a decremental change in either medical or mental health status.R.I. Gen. Laws § 27-83-2(5)" means a medical, surgical, or other service required for the prevention, diagnosis, cure, or treatment of a health-related condition including any such services that are necessary to prevent or slow a decremental change in either medical or mental health status.
This section defines the key terms used throughout the chapter, including adverse benefit determination (with sub-categories for administrative and non-administrative determinations), artificial intelligence, enrollee, insurer, and medically necessary care. The definition of insurer is notably broad, encompassing any entity licensed or required to be licensed in Rhode Island that contracts to provide, deliver, arrange for, pay for, or reimburse healthcare costs — covering HMOs, hospital service corporations, dental plans, and traditional health insurance companies alike.
(a)(1) 1 The office of the health insurance commissioner (OHIC) in collaboration with the department of business regulation (DBR) shall require insurersInsurer"Insurer" means an insurance company licensed, or required to be licensed, by the State of Rhode Island or other entity subject to the jurisdiction of the commissioner or the jurisdiction of the department of business regulation pursuant to chapter 62 of title 42, that contracts or offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including, without limitation: a for-profit or nonprofit hospital, medical or dental service corporation or plan, a health maintenance organization, a health insurance company, or any other entity providing a plan of health insurance, accident and sickness insurance, health benefits, or healthcare services.R.I. Gen. Laws § 27-83-2(4) subject to this chapter to disclose how they 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. Artificial intelligence systems use machine and human-based inputs to: (i) Perceive real and virtual environments; (ii) Abstract such perceptions into models through analysis in an automated manner; and (iii) Use model inference to formulate options for information or action.R.I. Gen. Laws § 27-83-2(2) to manage healthcare claims and coverage including, but not limited to, the types 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. Artificial intelligence systems use machine and human-based inputs to: (i) Perceive real and virtual environments; (ii) Abstract such perceptions into models through analysis in an automated manner; and (iii) Use model inference to formulate options for information or action.R.I. Gen. Laws § 27-83-2(2) models used, the role 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. Artificial intelligence systems use machine and human-based inputs to: (i) Perceive real and virtual environments; (ii) Abstract such perceptions into models through analysis in an automated manner; and (iii) Use model inference to formulate options for information or action.R.I. Gen. Laws § 27-83-2(2) in the decision-making process, training datasets, performance metrics, governance and risk management policies, and the decisions on healthcare claims and coverage where 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. Artificial intelligence systems use machine and human-based inputs to: (i) Perceive real and virtual environments; (ii) Abstract such perceptions into models through analysis in an automated manner; and (iii) Use model inference to formulate options for information or action.R.I. Gen. Laws § 27-83-2(2) made, or was a substantial factor in making, the decisions.
(a)(2) 2 InsurersInsurer"Insurer" means an insurance company licensed, or required to be licensed, by the State of Rhode Island or other entity subject to the jurisdiction of the commissioner or the jurisdiction of the department of business regulation pursuant to chapter 62 of title 42, that contracts or offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including, without limitation: a for-profit or nonprofit hospital, medical or dental service corporation or plan, a health maintenance organization, a health insurance company, or any other entity providing a plan of health insurance, accident and sickness insurance, health benefits, or healthcare services.R.I. Gen. Laws § 27-83-2(4) shall submit to the office of the health insurance commissioner and the department of business regulation, upon request, all information, including documents and software, that permits enforcement of this chapter.
(a)(3) 3 InsurersInsurer"Insurer" means an insurance company licensed, or required to be licensed, by the State of Rhode Island or other entity subject to the jurisdiction of the commissioner or the jurisdiction of the department of business regulation pursuant to chapter 62 of title 42, that contracts or offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including, without limitation: a for-profit or nonprofit hospital, medical or dental service corporation or plan, a health maintenance organization, a health insurance company, or any other entity providing a plan of health insurance, accident and sickness insurance, health benefits, or healthcare services.R.I. Gen. Laws § 27-83-2(4) shall maintain documentation 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. Artificial intelligence systems use machine and human-based inputs to: (i) Perceive real and virtual environments; (ii) Abstract such perceptions into models through analysis in an automated manner; and (iii) Use model inference to formulate options for information or action.R.I. Gen. Laws § 27-83-2(2) decisions for at least five (5) years including adverse benefit determinationsAdverse benefit determination"Adverse benefit determination" means a decision not to authorize a healthcare service, including a denial, reduction, or termination of, or a failure to provide or make a payment, in whole or in part, for a benefit. A decision by a utilization-review agent to authorize a healthcare service in an alternative setting, a modified extension of stay, or an alternative treatment shall not constitute an adverse benefit determination if the review agent and healthcare provider are in agreement regarding the decision. Adverse benefit determinations include: (i) "Administrative adverse benefit determinations" means any adverse benefit determination that does not require the use of medical judgment or clinical criteria such as a determination of an individual's eligibility to participate in coverage, a determination that a benefit is not a covered benefit, or any rescission of coverage; and (ii) "Non-administrative adverse benefit determinations" means any adverse benefit determination that requires or involves the use of medical judgement or clinical criteria to determine whether the service being reviewed is medically necessary and/or appropriate. This includes the denial of treatments determined to be experimental or investigational, and any denial of coverage of a prescription drug because that drug is not on the healthcare entity's formulary.R.I. Gen. Laws § 27-83-2(1) where 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. Artificial intelligence systems use machine and human-based inputs to: (i) Perceive real and virtual environments; (ii) Abstract such perceptions into models through analysis in an automated manner; and (iii) Use model inference to formulate options for information or action.R.I. Gen. Laws § 27-83-2(2) made, or was a substantial factor in making, the adverse benefit determinationAdverse benefit determination"Adverse benefit determination" means a decision not to authorize a healthcare service, including a denial, reduction, or termination of, or a failure to provide or make a payment, in whole or in part, for a benefit. A decision by a utilization-review agent to authorize a healthcare service in an alternative setting, a modified extension of stay, or an alternative treatment shall not constitute an adverse benefit determination if the review agent and healthcare provider are in agreement regarding the decision. Adverse benefit determinations include: (i) "Administrative adverse benefit determinations" means any adverse benefit determination that does not require the use of medical judgment or clinical criteria such as a determination of an individual's eligibility to participate in coverage, a determination that a benefit is not a covered benefit, or any rescission of coverage; and (ii) "Non-administrative adverse benefit determinations" means any adverse benefit determination that requires or involves the use of medical judgement or clinical criteria to determine whether the service being reviewed is medically necessary and/or appropriate. This includes the denial of treatments determined to be experimental or investigational, and any denial of coverage of a prescription drug because that drug is not on the healthcare entity's formulary.R.I. Gen. Laws § 27-83-2(1).
(b)(1)–(2) 4 DBR/OHIC shall provide an annual report to the governor, the senate president and the speaker of the house on the use 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. Artificial intelligence systems use machine and human-based inputs to: (i) Perceive real and virtual environments; (ii) Abstract such perceptions into models through analysis in an automated manner; and (iii) Use model inference to formulate options for information or action.R.I. Gen. Laws § 27-83-2(2) by health insurersInsurer"Insurer" means an insurance company licensed, or required to be licensed, by the State of Rhode Island or other entity subject to the jurisdiction of the commissioner or the jurisdiction of the department of business regulation pursuant to chapter 62 of title 42, that contracts or offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including, without limitation: a for-profit or nonprofit hospital, medical or dental service corporation or plan, a health maintenance organization, a health insurance company, or any other entity providing a plan of health insurance, accident and sickness insurance, health benefits, or healthcare services.R.I. Gen. Laws § 27-83-2(4). The annual report shall state how health insurersInsurer"Insurer" means an insurance company licensed, or required to be licensed, by the State of Rhode Island or other entity subject to the jurisdiction of the commissioner or the jurisdiction of the department of business regulation pursuant to chapter 62 of title 42, that contracts or offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including, without limitation: a for-profit or nonprofit hospital, medical or dental service corporation or plan, a health maintenance organization, a health insurance company, or any other entity providing a plan of health insurance, accident and sickness insurance, health benefits, or healthcare services.R.I. Gen. Laws § 27-83-2(4) 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. Artificial intelligence systems use machine and human-based inputs to: (i) Perceive real and virtual environments; (ii) Abstract such perceptions into models through analysis in an automated manner; and (iii) Use model inference to formulate options for information or action.R.I. Gen. Laws § 27-83-2(2) to manage claims and coverage. The report shall state for each insurerInsurer"Insurer" means an insurance company licensed, or required to be licensed, by the State of Rhode Island or other entity subject to the jurisdiction of the commissioner or the jurisdiction of the department of business regulation pursuant to chapter 62 of title 42, that contracts or offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including, without limitation: a for-profit or nonprofit hospital, medical or dental service corporation or plan, a health maintenance organization, a health insurance company, or any other entity providing a plan of health insurance, accident and sickness insurance, health benefits, or healthcare services.R.I. Gen. Laws § 27-83-2(4): (i) The types 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. Artificial intelligence systems use machine and human-based inputs to: (i) Perceive real and virtual environments; (ii) Abstract such perceptions into models through analysis in an automated manner; and (iii) Use model inference to formulate options for information or action.R.I. Gen. Laws § 27-83-2(2) models used; (ii) The role 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. Artificial intelligence systems use machine and human-based inputs to: (i) Perceive real and virtual environments; (ii) Abstract such perceptions into models through analysis in an automated manner; and (iii) Use model inference to formulate options for information or action.R.I. Gen. Laws § 27-83-2(2) in the decision-making process to approve or deny healthcare claims or coverage whenever 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. Artificial intelligence systems use machine and human-based inputs to: (i) Perceive real and virtual environments; (ii) Abstract such perceptions into models through analysis in an automated manner; and (iii) Use model inference to formulate options for information or action.R.I. Gen. Laws § 27-83-2(2) is used to make, or is a substantial factor in making, a decision on healthcare claims or coverage; (iii) Information regarding training, testing, and risk management including data governance measures used to cover the training data sets and the measures used to examine the suitability of data sources, possible biases and appropriate mitigation; and (iv) Performance metrics including, number of claims, percentage of claims accepted and denied; the average time claim reviewers and medical professional reviewers spend on each claim and on denials of claims; percentage of claims appealed and percentage of denials reversed.
(b)(3) By June 30, 2026, DBR/OHIC shall promulgate rules and regulations setting forth requirements for health insurersInsurer"Insurer" means an insurance company licensed, or required to be licensed, by the State of Rhode Island or other entity subject to the jurisdiction of the commissioner or the jurisdiction of the department of business regulation pursuant to chapter 62 of title 42, that contracts or offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including, without limitation: a for-profit or nonprofit hospital, medical or dental service corporation or plan, a health maintenance organization, a health insurance company, or any other entity providing a plan of health insurance, accident and sickness insurance, health benefits, or healthcare services.R.I. Gen. Laws § 27-83-2(4) covered under this chapter to comply with the reporting requirements of this chapter.
This section imposes the bill's core transparency and reporting obligations. Subsection (a) requires insurers to disclose to OHIC and DBR how they use AI to manage claims and coverage — covering model types, AI's role in decisions, training data, performance metrics, and governance policies. Insurers must also produce all enforcement-related information upon request and maintain documentation of AI decisions for at least five years.
Subsection (b) directs OHIC/DBR to produce an annual report for the governor and legislative leaders summarizing each insurer's AI use, including detailed claims metrics (acceptance and denial rates, time spent on reviews, appeal and reversal rates), training data governance, and bias mitigation measures. OHIC/DBR must promulgate implementing regulations by June 30, 2026.
5 Any adverse benefit determinationAdverse benefit determination"Adverse benefit determination" means a decision not to authorize a healthcare service, including a denial, reduction, or termination of, or a failure to provide or make a payment, in whole or in part, for a benefit. A decision by a utilization-review agent to authorize a healthcare service in an alternative setting, a modified extension of stay, or an alternative treatment shall not constitute an adverse benefit determination if the review agent and healthcare provider are in agreement regarding the decision. Adverse benefit determinations include: (i) "Administrative adverse benefit determinations" means any adverse benefit determination that does not require the use of medical judgment or clinical criteria such as a determination of an individual's eligibility to participate in coverage, a determination that a benefit is not a covered benefit, or any rescission of coverage; and (ii) "Non-administrative adverse benefit determinations" means any adverse benefit determination that requires or involves the use of medical judgement or clinical criteria to determine whether the service being reviewed is medically necessary and/or appropriate. This includes the denial of treatments determined to be experimental or investigational, and any denial of coverage of a prescription drug because that drug is not on the healthcare entity's formulary.R.I. Gen. Laws § 27-83-2(1) made by an 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. Artificial intelligence systems use machine and human-based inputs to: (i) Perceive real and virtual environments; (ii) Abstract such perceptions into models through analysis in an automated manner; and (iii) Use model inference to formulate options for information or action.R.I. Gen. Laws § 27-83-2(2) system regarding medically necessary careMedically necessary care"Medically necessary care" means a medical, surgical, or other service required for the prevention, diagnosis, cure, or treatment of a health-related condition including any such services that are necessary to prevent or slow a decremental change in either medical or mental health status.R.I. Gen. Laws § 27-83-2(5) must be reviewed and approved by a qualified healthcare professional before being finalized, with documentation of their rationale included in the enrolleeEnrollee"Enrollee" means an individual who has health insurance coverage through an insurer.R.I. Gen. Laws § 27-83-2(3)'s case record.
This section imposes the bill's core clinical-oversight requirement: any adverse benefit determination made by an AI system regarding medically necessary care must be reviewed and approved by a qualified healthcare professional before it is finalized. The reviewing professional's rationale must be documented in the enrollee's case record. This ensures that AI cannot serve as the sole or final decision-maker on denials of medically necessary care.
If any provision of this chapter is found unconstitutional, preempted, or otherwise invalid, that provision shall be severed, and such decision shall not affect the validity of the remaining provisions of this chapter.
Standard severability clause providing that if any provision of the chapter is found unconstitutional, preempted, or otherwise invalid, that provision shall be severed and the remaining provisions shall remain in effect. Creates no compliance obligation.