Compliance Alert: Maryland, Texas Regulate Use of Artificial Intelligence in Utilization Reviews
The Californer/10342429

LOS ANGELES & AUSTIN, Texas - Californer -- Maryland and Texas have new artificial intelligence laws that will prohibit carriers or utilization review agents from using AI to make adverse determinations.

In Texas, utilization review agents may use an AI tool for administrative support or fraud-detection functions. However, agents cannot use AI to make adverse determinations.

In Maryland, carriers using AI in utilization reviews must ensure that the AI tool does not supplant the role of health care providers in medical necessity decisions, among other prohibitions. Also, carriers using AI in utilization reviews must ensure that the tool does not delay or modify health care services or harm an enrollee.

Maryland will also require carriers filing utilization plans to include information on how the AI tool will be used. They must also ensure that the performance, use, and outcomes of an AI tool are reviewed and revised at least quarterly.

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To ensure compliance with these new laws, both Maryland and Texas state insurance departments may audit and inspect a company's AI tools.

To learn more about the Maryland and Texas AI measures, along with more than 15 other utilization review laws enacted and regulations adopted recently, access the real-time statutory/regulatory updates in the "Utilization Review Guide," an electronic 51-state compilation of utilization review statutes, regulations, and forms, at https://payhip.com/b/vsbKo, under the "Subscriptions" tab.

The UR Guide covers the following topics:

• Utilization Review Agent Duties
• Application/Certification Requirements
• Grounds for Certification Denials
• Notice of Change Requirements
• Recordkeeping and Reporting Requirements
• Renewal Requirements
• Confidentiality Requirements
• Complaints
• Exemption Criteria
• Prohibitions
• Waivers
• Deadlines
• Penalties
• Appeal Procedures

The real-time statutory/regulatory updates are only available to subscribers on a yearly plan. However no real-time updates are provided to one-time e-book purchasers, although they may purchase real-time updates separately and later.

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