AI Frontier Institute

Usage of artificial intelligence in the utilization review process prohibition provision

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Minnesota S.F. 1856 (1st Engrossment) has not been enacted; it was last reported out of committee as amended with no recommendation and re-referred to Commerce and Consumer Protection. If enacted, it would ban the use of artificial intelligence in health insurance utilization review. Section 1 adds Minnesota Statutes section 62M.02, subd. 2a, defining "artificial intelligence" by reference to United States Code, title 15, section 9401. Section 2 amends section 62M.09, subd. 3, by adding paragraph (f). Under (f), the physician who makes an adverse determination must attest in writing that AI was not used in the utilization review process. Notwithstanding section 62M.14, any adverse determination made in violation of the paragraph is null and void. Section 3 creates new section 62M.20. Paragraph (a) prohibits AI in utilization review, including any part of a utilization review organization's review, evaluation, determination, or appeals processes. Paragraph (b) makes any adverse determination made in violation null and void, notwithstanding section 62M.14. Paragraph (c) lets the attorney general enforce the section under section 8.31.

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