Privacy Law Library

Limitations on use of artificial intelligence by health benefit plan providers

AL AI Prior Authorization Law

Artificial intelligence · Health

Regulates insurers that use AI to decide medical-necessity prior authorization requests. AI determinations must rest on the individual enrollee's medical history and clinical circumstances, not group datasets, and any denial, delay, or modification must be made by a licensed clinician. Plans must disclose their AI use and keep patient data used by AI within its stated purpose consistent with HIPAA. The effective date is October 1, 2026.

Where
Alabama
Citation
Ala. Code § 27-1-17.2 (Act 2026-589, SB63)
Status
Enacted, not yet in force
In force since
2026-10-01
Enforced by
Alabama Department of Insurance
People can sue
No
Penalties
After notice and a hearing, the Department may impose a corrective plan; for repeat violations amounting to a general business practice it may impose administrative fines of up to $5,000 or suspend or revoke the certificate of authority.
Applies to
  • Health benefit plan providers (insurers, HMOs, nonprofit health care service plans, agricultural organization health plans) and their internal or contracted utilization review entities
  • Applies to comprehensive health benefit plans; excludes limited-benefit lines such as dental-only, Medicare supplement, long-term care, and disability income

What a privacy notice must say

  • Make prominent written disclosures of AI use in utilization review in policies and procedures, and review AI outcomes periodically for accuracy.Ala. Code § 27-1-17.2(c)(1)-(2) · From 2026-10-01

Practices it requires

  • Base AI medical-necessity determinations on the enrollee's medical history, individual clinical circumstances, and medical record, and certify annually that the AI does not rely on group datasets and does not discriminate.Ala. Code § 27-1-17.2(b)(1)-(2) · Only if: Uses AI for prior authorization · From 2026-10-01
  • Any denial, delay, or modification of prior authorization based on medical necessity must be made by a licensed physician or other competent health care professional.Ala. Code § 27-1-17.2(b)(3) · From 2026-10-01
  • Ensure patient data used by AI in utilization review is not used beyond its intended and stated purpose, consistent with HIPAA.Ala. Code § 27-1-17.2(c)(3) · From 2026-10-01

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Effective date October 1, 2026 is from ALISON (section header and bill record for SB63, 2026RS).

Research reference, not legal advice.