CAL LEG Health Care Utilization Review


On Sep. 11, CAL LEG passed bill on AI use for utilization review.


  • CAL LEG passed bill SB 1120, amending CAL LEG 2-2.2-5-1367.01 and CAL INS 2-2-1-1-10123.135, to ensure compliant use of AI for utilization review in health care.
  • Bill Provisions
  • Applies to a health care service plan or disability insurer, including specialized health care service plan or specialized health insurer, that uses AI for utilization review.
  • Including use of an algorithm or other software tool used for utilization review.
  • Or that contracts with or otherwise works through an entity that uses that type of tool.
  • Artificial intelligence, including an algorithm, or other software tool, used for the purpose of utilization review or utilization management functions is to be compliant.
  • Plan must ensure compliance with specified requirements, including that the AI, algorithm, or other software tool bases its determination on specified information.
  • Must also ensure that the AI used is fairly and equitably applied, as specified.
  • Imposes a State-mandated local program because willful violation would be a crime.
  • Legislative History
  • On Feb. 13, 2024, bill introduced in Senate; on May 23, 2024, bill passed in Senate.
  • On May 24, 2024, bill introduced in Assembly; on Aug. 30, 2024, bill passed Assembly.
  • On Aug. 31, 2024, bill amendments concurred; on Sep. 11, bill delivered to governor.
  • Effectiveness
  • No effective date specified; generally effective Jan. 1 after enactment, on Jan. 1, 2025.
  • Sep. 28, 2024 CAL LEG Governor Approved
  • On Sep. 28, 2024, CAL LEG reported governor approved SB-1120, assigned Ch. 879.

Regulators CAL LEG
Entity Types Ins
Reference Ch 879, 9/28/2024; Bill, SB1120, 9/11/2024; Citation: CAL INS 2-2-1-1-10123.135; CAL LEG 2-2.2-5-1367.01;
Functions Claims/Accelerated Benefits; Compliance; Legal; Operations; Product Administration; Technology
Countries United States of America
Category
State
Products AI; Disability; Insurance; Insurance-Health
Regions Am
Rule Type Final
Rule Date 9/11/2024
Effective Date 1/1/2025
Rule Id 226177
Linked to N/A
Reg. Last Update 9/28/2024
Report Section US Insurance

Last substantive update on 10/02/2024