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Regulation of AI in Prior Authorization and Claims Review: A Look at Federal and State Consumer Protections – KFF

The healthcare industry is on the cusp of a revolution, driven by the increasing adoption of artificial intelligence (AI) in prior authorization and claims review processes. While AI promises to streamline these complex tasks, it also raises concerns about consumer protection and the potential for errors or biases in decision-making.

At the federal level, the Trump administration’s 2020 Executive Order on Improving Rural Health and Telehealth Access encouraged the use of AI in healthcare, including for prior authorization and claims review. This move was seen as a step forward in promoting innovation and efficiency in the healthcare system. However, it also raised concerns among consumer advocates about the need for robust safeguards to protect patients from potential errors or abuse.

In response, several states have taken the lead in regulating AI in healthcare. For example, California passed a law in 2020 requiring health plans to disclose when AI is used to make decisions about coverage, and to provide patients with clear explanations of those decisions. Similarly, New York has implemented regulations governing the use of AI in healthcare, including requirements for transparency and accountability in decision-making. These state-level efforts aim to balance the benefits of AI with the need for strong consumer protections.

As AI continues to gain traction in healthcare, it’s clear that regulation is a crucial step in ensuring that patients receive high-quality care and are treated fairly. By setting clear standards for transparency, accountability, and patient rights, policymakers can help build trust in AI-powered healthcare systems and prevent potential abuses. What This Means For You: As AI becomes increasingly integral to healthcare, it’s essential for consumers to stay informed about their rights and the safeguards in place to protect them. By understanding how AI is used in prior authorization and claims review, patients can better navigate the healthcare system and advocate for themselves.