AI Frontier Institute

Health Insurance - Use of Artificial Intelligence - Human Evaluation

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Maryland House Bill 1385 (2026) has not been enacted. The record shows it was introduced February 13, 2026, assigned to the Health Committee, and given a hearing on March 12. If enacted, it would amend Insurance Article § 15–10B–05.1, which governs carriers (and the pharmacy benefits managers and private review agents working for them) that use artificial intelligence, algorithms, or other software tools for utilization review. The bill would add two human-oversight requirements. First, new subsection (E) would require any audit or compliance review by the Commissioner of such a tool under subsection (c)(7) to include a human evaluation of a patient's medical records by a licensed health care professional. That evaluation must take the patient's specific circumstances into account and let the professional question, modify, or override the tool's determination. Second, new subsection (F) would require the periodic review and revision of the tool's performance, use, and outcomes under subsection (c)(9) to include a human evaluation of the real-world health outcomes of the tool's decisions. The findings would then have to be used to improve the tool and make its decisions safer, more accurate, and more responsive to patient needs. Subsections (c)(7) and (c)(9) would be amended to cross-reference the new subsections. The existing rules would stay in place, including that a tool may not deny, delay, or modify health care services (subsection (d)). The bill would take effect October 1, 2026.

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