An act TO PROHIBIT HEALTHCARE PROVIDERS AND 10 HEALTHCARE INSURERS FROM USING ARTIFICIAL 11 INTELLIGENCE IN THE DELIVERY OF HEALTHCARE SERVICES 12 OR THE GENERATION OF MEDICAL RECORDS UNLESS CERTAIN 13 REQUIREMENTS ARE M, the official text

Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas              A Bill
2 95th General Assembly

3 Regular Session, 2025                                            HOUSE BILL 1816

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5 By: Representative L. Johnson

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8                                For An Act To Be Entitled

9   AN ACT TO PROHIBIT HEALTHCARE PROVIDERS AND

10  HEALTHCARE INSURERS FROM USING ARTIFICIAL

11  INTELLIGENCE IN THE DELIVERY OF HEALTHCARE SERVICES

12  OR THE GENERATION OF MEDICAL RECORDS UNLESS CERTAIN

13  REQUIREMENTS ARE MET; AND FOR OTHER PURPOSES.

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16                                Subtitle

17                       TO PROHIBIT HEALTHCARE PROVIDERS AND

18                       HEALTHCARE INSURERS FROM USING

19                       ARTIFICIAL INTELLIGENCE IN THE DELIVERY

20                       OF HEALTHCARE SERVICES OR THE GENERATION

21                       OF MEDICAL RECORDS UNLESS CERTAIN

22                       REQUIREMENTS ARE MET.

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24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

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26  SECTION 1. Arkansas Code Title 17, Chapter 80, Subchapter 1, is

27 amended to add an additional section to read as follows:

28  17-80-123. Artificial intelligence in healthcare prohibition --

29 Exemption -- Definitions.

30  (a) As used in this section:

31  (1) "Artificial intelligence" means a machine-based system that

32 can, for a given set of human-defined objectives, make predictions,

33 recommendations, or decisions influencing real or virtual environments;

34  (2)(A) "Health benefit plan" means:

35                               (i) An individual, blanket, or group plan, or a

36 policy or contract for healthcare services offered, issued, renewed,

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1 delivered, or extended in this state by a healthcare insurer; and

2                         (ii) A health benefit program receiving state or

3 federal appropriations from the State of Arkansas, including the Arkansas

4 Medicaid Program and the Arkansas Health and Opportunity for Me Program or

5 any successor program.

6   (B) "Health benefit plan" includes:

7                         (i) Indemnity and managed care plans; and

8                         (ii) Nonfederal governmental plans as defined in 29

9 U.S.C. � 1002(32), as it existed on January 1, 2025.

10  (C) "Health benefit plan" does not include:

11                        (i) A plan that provides only dental benefits or eye

12 and vision care benefits;

13                        (ii) A disability income plan;

14                        (iii) A credit insurance plan;

15                        (iv) Insurance coverage issued as a supplement to

16 liability insurance;

17                        (v) A medical payment under an automobile or

18 homeowners insurance plan;

19                        (vi) A health benefit plan provided under Arkansas

20 Constitution, Article 5, � 32, the Workers' Compensation Law, � 11-9-101 et

21 seq., or the Public Employee Workers' Compensation Act, � 21-5-601 et seq.;

22                        (vii) A plan that provides only indemnity for

23 hospital confinement;

24                        (viii) An accident-only plan;

25                        (ix) A specified disease plan; or

26                        (x) A long-term-care-only plan;

27  (3)(A) "Healthcare insurer" means an insurance company, hospital

28 and medical service corporation, or health maintenance organization that

29 issues or delivers health benefit plans in this state and is subject to:

30                        (i) The insurance laws of this state;

31                        (ii) Section 23-75-101 et seq., pertaining to

32 hospital and medical service corporations; or

33                        (iii) Section 23-76-101 et seq., pertaining to

34 health maintenance organizations.

35  (B) "Healthcare insurer" does not include an entity that

36 provides only dental benefits or eye and vision care benefits;

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1   (4) "Healthcare provider" means an individual or entity that is

2 licensed in this state to provide healthcare services; and

3   (5) "Quality assurance laboratory" means an entity or facility

4 that tests and evaluates the performance of artificial intelligence and

5 ensures that the artificial intelligence meets high standards for accuracy,

6 reliability, safety, and ethical considerations.

7   (b) A healthcare provider or a healthcare insurer shall not use

8 artificial intelligence in the delivery of healthcare services or for the

9 generation of medical records unless the artificial intelligence is approved

10 by the United States Food and Drug Administration and verified by a quality

11 assurance laboratory.

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