Duty LXD-3759
Makes health care decisions, in Pennsylvania
Each law's tag says when it binds: since in force proposed proposed
Dittman v. UPMCsince 2 lines
196 A.3d 1036 (Pa. 2018)
- Applies to an employer that stores its employees' sensitive personal information on an internet-accessible computer system.
- Exercise reasonable care to safeguard that information: the Supreme Court of Pennsylvania held, on review of an order sustaining preliminary objections in the nature of a demurrer, that such an employer has a legal duty to do so.
HB 1533 — Liability for Deployment of Artificial Intelligence Systemsproposed2 lines
Pa. H.B. 1533, 2025-2026 Regular Session
- This measure is in committee and binds nobody yet; what follows is what it would require if it is enacted in this form.
- Do not deploy artificial intelligence systems in ways that cause harm.
HB 1857 — AI Transparency in Services Act (Consumer Disclosure and Right to Human Review)proposed3 lines
Pa. H.B. 1857, 2025-2026 Regular Session
- This measure is in committee and binds nobody yet; what follows is what it would require if it is enacted in this form.
- Disclose the use of artificial intelligence clearly and conspicuously at the start of a consumer interaction.
- Inform consumers of their right to request human review of high-impact AI-assisted decisions covering credit, employment, insurance, housing, and healthcare.
H.B. 1925, artificial intelligence disclosure and responsible use by health care facilities, insurers and MA or CHIP managed care plansproposed6 lines
Pa. H.B. 1925, 2025-2026 Regular Session · Read the law's page
- If you are a health care facility using artificial intelligence models or systems for clinical decision making, disclose that use to patients in plain language, post it on your website, and file an annual compliance statement with the Department of Health.
- Do not let an artificial intelligence model or system supersede a human health care provider's clinical decision making or penalize a provider for exercising independent judgment, review its performance, use and outcomes at least annually, and keep policies, a governance structure and a validation process for it.
- If you are an insurer or an MA or CHIP managed care plan using artificial intelligence in utilization review, disclose that use in plain language to participating network providers and to covered persons or enrollees, post it on your website, and file an annual compliance statement with the regulating department.
- Make sure the model evaluates the individual's own clinical history and circumstances rather than producing an output solely from a group data set, and does not supersede the decision making of the health care provider conducting the utilization review.
- Have a health care provider who participates in utilization review review individual clinical records and document the review before a decision to deny, reduce or terminate benefits is issued or upheld, and do not penalize that provider for exercising independent judgment.
- Retain records of your use of artificial intelligence for the period the regulating department's retention policy sets, not less than five years.
HB 2100 — Protecting Patients Act (Mental Health AI Chatbot Regulation)proposed5 lines
Pa. H.B. 2100, 2025-2026 Regular Session
- This measure is in committee and binds nobody yet; what follows is what it would require if it is enacted in this form.
- Do not use patient inputs for advertising targeting.
- Do not sell or share individually identifiable mental health information.
- Restrict the use of artificial intelligence by licensed mental health therapists to administrative functions such as scheduling and billing.
- Label advertisements within a chatbot clearly as advertisements.