Law / United States / Maryland

HB 820 / Ch. 747 (2025), Artificial Intelligence in Health Insurance Utilization Review

Md. Code Ann., Ins. §15-10B-05.1

A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.

What follows is LexLint's own research summary of this law, not legal advice.

In force 12 months, effective 1 October 2025.

An AI risk obligations rule binding private bodies.

As of 6 September 2026.

What it requires

  • Base any determination an AI, algorithm, or other software tool makes in utilization review on the enrollee's own medical or clinical history, individual clinical circumstances, or other relevant clinical information in the enrollee's record, never solely on a group dataset.
  • Keep a health care provider in the determination process; the tool may not replace that role.
  • Ensure the tool is fairly and equitably applied and does not result in unfair discrimination or directly or indirectly cause harm to an enrollee.
  • Make the tool available for audit or compliance review by the Insurance Commissioner, and review its performance, use, and outcomes at least quarterly.
  • The tool may not itself deny, delay, or modify health care services.
  • This applies to carriers, and to pharmacy benefits managers or private review agents that conduct utilization review on a carrier's behalf.

What it reaches

How the hook was established

express

What makes it apply

Operator establishment

What it makes you log

Who may demand the log

Regulator

What the log must hold

Decision basis, Human involvement, Output reference

Logging duty

Section 15-10B-05.1 requires the utilization-review tool to stay open to inspection for audit or compliance review by the Insurance Commissioner, requires written policies and procedures describing how the tool is used and overseen to be filed in the utilization plan, and requires the tool's performance, use, and outcomes to be reviewed and revised at least quarterly. The section never uses the words logs, records, or audit trail, but a quarterly review of performance and outcomes, and an inspection the Commissioner can conduct at any time, cannot happen without something kept between reviews to inspect. The section states no period the material must be kept for and names nobody besides the Commissioner who may see it.

Kind
Implicit
As of
21 September 2026
Provision
§15-10B-05.1(c)(7) to (9)
Trigger
automated_decisions

Who checks it

Audit expectation

periodic

Who audits it

Self, Regulator

Where the report goes

Produced on request

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

Effective October 1, 2025, a carrier, pharmacy benefits manager, or private review agent that uses artificial intelligence, an algorithm, or other software tool to conduct utilization review must base its determinations on the enrollee's own medical or clinical history and individual clinical circumstances rather than a group dataset alone, keep a health care provider in the determination process, ensure fair and non-discriminatory application, and make the tool available for audit by the Insurance Commissioner.

The tool may not directly or indirectly cause harm to an enrollee, and it may not itself deny, delay, or modify health care services. A companion reporting section requires carriers to disclose to the Commissioner, case by case, whether AI, an algorithm, or other software tool was used in each adverse coverage decision.

When LexLint raises it

  • high_risk_decisions
  • handles_health_records
  • provides_financial_services

Read the law

official codified text, Maryland General Assembly

Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.

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