Texas · House Bill · 89th Regular Session
HB4635
Texas HB 4635 — Relating to disclosure of the use of artificial intelligence in the denial of insurance claims

Status ● Failed Effective N/A Passage Likelihood L

WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE

How Is This Bill Enforced

Enforcement Authority
Enforcement would fall to the Texas Department of Insurance under its general regulatory authority over insurers and HMOs. The bill does not create a private right of action or specify independent enforcement mechanisms.
Private Right of Action
No private right of action. Enforcement is exclusive to the designated authority.
Penalties
The bill does not specify penalties, damages, or remedies. Enforcement would rely on existing Insurance Code enforcement provisions available to the Texas Department of Insurance.

What This Bill Requires

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.

Statutory Text
Analysis & Obligations
Ins. Code § 526.001
Definitions

(1) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in autonomy and may, for explicit or implicit objectives, infer from the input the system receives how to generate outputs that can influence physical or virtual environments.Ins. Code § 526.001(1)" means an engineered or machine-based system that varies in autonomy and may, for explicit or implicit objectives, infer from the input the system receives how to generate outputs that can influence physical or virtual environments.

(2) "Health maintenance organizationHealth maintenance organization"Health maintenance organization" and "insurer" have the meanings assigned by Section 401.001.Ins. Code § 526.001(2)" and "insurerInsurer"Health maintenance organization" and "insurer" have the meanings assigned by Section 401.001.Ins. Code § 526.001(2)" have the meanings assigned by Section 401.001.

Section 526.001 establishes the definitional framework for Chapter 526. It defines artificial intelligence broadly as an engineered or machine-based system that varies in autonomy and can infer from inputs how to generate outputs influencing physical or virtual environments — language closely tracking the NIST AI definition. The section cross-references existing Insurance Code Section 401.001 for the meanings of insurer and health maintenance organization, thereby anchoring the bill's obligations to the same regulated entities already subject to Title 5 of the Insurance Code.

Ins. Code § 526.002
Disclosure required for AI-based claim denials
Deployer

1 An insurerInsurer"Health maintenance organization" and "insurer" have the meanings assigned by Section 401.001.Ins. Code § 526.001(2) or health maintenance organizationHealth maintenance organization"Health maintenance organization" and "insurer" have the meanings assigned by Section 401.001.Ins. Code § 526.001(2) that denies a claim based on a determination made by artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in autonomy and may, for explicit or implicit objectives, infer from the input the system receives how to generate outputs that can influence physical or virtual environments.Ins. Code § 526.001(1) shall provide to the claimant with notice of the denial a written disclosure containing the following information: (1) a notification that the denial was based on a determination made by artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in autonomy and may, for explicit or implicit objectives, infer from the input the system receives how to generate outputs that can influence physical or virtual environments.Ins. Code § 526.001(1); (2) the basis for the determination made by artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in autonomy and may, for explicit or implicit objectives, infer from the input the system receives how to generate outputs that can influence physical or virtual environments.Ins. Code § 526.001(1); and (3) instructions on appealing the denial with the insurerInsurer"Health maintenance organization" and "insurer" have the meanings assigned by Section 401.001.Ins. Code § 526.001(2) or health maintenance organizationHealth maintenance organization"Health maintenance organization" and "insurer" have the meanings assigned by Section 401.001.Ins. Code § 526.001(2).

Section 526.002 is the bill's sole operative provision. It requires insurers and health maintenance organizations that deny a claim based on an AI determination to provide the claimant, alongside the denial notice, a written disclosure containing three elements: notice that AI was used, the basis for the AI's determination, and instructions for appealing the denial. This maps to healthcare AI disclosure obligations — it ensures claimants are informed when AI drives an adverse coverage decision and have a pathway to challenge it.

The provision is triggered only when the denial is based on a determination made by artificial intelligence, leaving open interpretation questions about partial AI involvement. The bill does not restrict AI use itself or mandate human review — it is purely a disclosure obligation.

Compliance actions 1 item
1
InsurersInsurer"Health maintenance organization" and "insurer" have the meanings assigned by Section 401.001.Ins. Code § 526.001(2) and health maintenance organizationsHealth maintenance organization"Health maintenance organization" and "insurer" have the meanings assigned by Section 401.001.Ins. Code § 526.001(2) must, when denying a claim based on an AI determination, provide the claimant a written disclosure stating (1) that the denial was based on an AI determination, (2) the basis for the AI's determination, and (3) instructions for appealing the denial.
HC-01.6
SECTION 2 (Applicability)
Applicability — claims submitted after effective date

Section 526.002, Insurance Code, as added by this Act, applies only to a claim submitted on or after the effective date of this Act.

Section 2 of the Act is a standard applicability provision limiting the disclosure requirement to claims submitted on or after the Act's effective date. It creates no independent compliance obligation.

SECTION 3 (Effective Date)
Effective date — September 1, 2025

This Act takes effect September 1, 2025.

Section 3 sets the Act's effective date as September 1, 2025. Because the bill was left pending in committee and did not advance, this date is moot.

Passage Likelihood

Failed
Status Failed
Final action Left pending in committee

Legislative History

2025-03-12 Filed
2025-04-03 Read first time
2025-04-03 Referred to Insurance
2025-04-28 Posting rule suspended
2025-04-30 Scheduled for public hearing on . . .
2025-04-30 Withdrawn from schedule
2025-05-07 Scheduled for public hearing on . . .
2025-05-07 Considered in public hearing
2025-05-07 Committee substitute considered in committee
2025-05-07 Testimony taken/registration(s) recorded in committee
2025-05-07 Left pending in committee

Entry Last Reviewed

2026-05-10
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