I support the bill to prohibit health carriers from using AI to change the clinical judgement of a provider.
HB1406
House · 2026 sessionDemocraticKilled in SenateAI use in insurance reviews
AIRequires health carriers to maintain written records on their use of artificial intelligence and human review protocols in utilization review, document adverse determinations, and remain responsible for contracted entities' compliance with these requirements.
(New TItle) relative to health carrier recordkeeping requirements in utilization review, including specifications regarding the use of artificial intelligence.
Status
Killed in the Senate — Inexpedient to Legislate · May 5, 2026- ✓Introduced
- ✓House
- ✕Senate
- Governor
- Law
Division of testimony
221 submissionsAs the State of New Hampshire begins to consider regulation of Artificial Intelligence, the New Hampshire Medical Society urges a thoughtful and measured approach. Artificial Intelligence is neither inherently good nor inherently harmful; its impact depends entirely on how it is developed, implemented, and overseen. Policymakers must be cautious in both its use and its regulation. The Medical Society is particularly concerned about the use of Artificial Intelligence—or AI-enabled tools—to alter, adjust, or override medical and clinical diagnoses. Artificial Intelligence must never be used administratively to supplant or modify a physician’s clinical judgment. Doing so would effectively constitute the practice of medicine and should remain the responsibility of a licensed provider. AI can play a constructive role in healthcare when used in a supportive capacity—enhancing efficiency, improving data analysis, and assisting clinical decision-making—while ensuring that patient safety, physician autonomy, and system integrity remain paramount. NHMS supports provisions that provide meaningful oversight, transparency, and ongoing monitoring of AI use and its real-world impact. We believe the Insurance Department’s role in overseeing implementation and evaluating potential unintended consequences is both appropriate and important. Thoughtful guardrails will help ensure that innovation strengthens, rather than undermines, the physician-patient relationship and the quality of care delivered in New Hampshire.
The judgement of the medical provider should preempt insurance companies and government staff.
Please protect us from unreliable AI.
This is an important bill for every Granite Stater!
AI should not be making healthcare decisions for any person.
Doctors and patients know the correct and appropriate treatment for those patients; AI has absolutely no business being a part of those decisions on ANY level, INCLUDING and ESPECIALLY when it comes to insurance companies who often are already difficult to negotiate or deal with on NECESSARY TREATMENT for patients with both basic and complex health needs alike. Health insurance companies should not be allowed to be so viciously cruel and inhumane as they are, and we do NOT need to add a computer to the mix that does not read or understand nuance or complexities of the human condition. I support this bill to protect doctors and patients from AI which has no business making management, healthcare, or any other decisions in place of a medical professional.
Health Care decisions need to include the "Care" part, not just follow an algorithm designed by the insurance industry
Do YOU want to have a computer make your health care decisions? Please support this bill
I state my opinion for this bill for the benefit of all NH voters.
I do not support
This bill gives health insurance companies broad power using AI to decline patients coverage of services recommended by their doctors. NOT GOOD!
I support this bill. There is a place for AI, but we need to be very careful with its use.
AI has no way of knowing the full history of patient other than by icd 10 codes. It opens up the risk of delayed care and unfair denials.
Dear Members of the Commerce and Consumer Affairs Committee, I’m writing in support of HB1406 to protect NH patients and doctors from insurance companies overriding important clinical judgments using artificial intelligence. Clinical decisions should be made by clinicians, not by computers programmed to save insurance companies money. Thank you for your consideration, Theresa Vaillancourt Goffstown, NH
AI can not be held accountable like a person or company can. Therefore it must not be making medical decisions.
I have a rare disorder that was misdiagnosed by 13 Drs because that’s how they were trained. AI would always go against rate disorders based on algorithm. There is a saying when you hear good beats think horses not Zebras. Well I’m a zebra and this would be disastrous for those of us already fighting!
In an era where data protection is a major concern....we should not have AI making life changing decisions without proper safeguards.
AI has proven to be unreliable, false, and harmful. It is in no way a replacement for the education and experience of trained professionals, and should not be allowed to dictate healthcare decisions.
HB 1406 - AS INTRODUCED 2026 SESSION 26-2971 05/08 HOUSE BILL 1406 AN ACT prohibiting health carriers from using artificial intelligence to change the clinical judgment of a provider. SPONSORS: Rep. Gregg, Hills. 7; Rep. Nagel, Belk. 6; Rep. Grossman, Rock. 11; Rep. LaMontagne, Straf. 17; Rep. M. Pearson, Rock. 34; Rep. Tellez, Hills. 40; Rep. Salvi, Hills. 9; Rep. Manohar, Hills. 9; Rep. N. Murphy, Hills. 12; Sen. Long, Dist 20; Sen. Birdsell, Dist 19; Sen. Prentiss, Dist 5 COMMITTEE: Commerce and Consumer Affairs ----------------------------------------------------------------- ANALYSIS This bill prohibits health carriers from using artificial intelligence to change the clinical judgment of a provider. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Explanation: Matter added to current law appears in bold italics. Matter removed from current law appears [in brackets and struckthrough.] Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. 26-2971 05/08 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT prohibiting health carriers from using artificial intelligence to change the clinical judgment of a provider. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Managed Care Law; Use of Artificial Intelligence to Change the Clinical Judgment of the Provider Prohibited. Amend RSA 420-J by inserting after section 6-e the following new section: 420-J:6-f Use of Artificial Intelligence by Health Carriers to Change Provider Codes Prohibited. Health carriers are prohibited from using artificial intelligence, as defined in RSA 5-D:1, to conduct audits of provider codes or to adjust such codes based on recommendations from artificial intelligence that would change, alter, or amend the clinical judgment of a provider. Each carrier shall maintain records identifying the use of artificial intelligence tools in claims processing and make such records available to the insurance department upon audit. A violation of this section shall constitute an unfair insurance practice under RSA 417, and the commissioner may impose administrative fines or order restitution for any delay or denial of care resulting from such violation. 2 Effective Date. This act shall take effect January 1, 2027.
AI is still very unreliable, and should not be used in place of a Doctor who has examined the patient and applies years of education and experience to their job. The public is very much at risk if insurance companies use AI to approve or deny claims.
As a patient with a rare condition who has had to appeal denials multiple times due to lack of knowledge, I do not agree with AI making decisions for insurance companies regarding my health.
Healthcare is between a professional provider and a patient. Ai should not intervene.
We should get our medical care based on the expertise of doctors, nurse practitioners, and other providers. They should not be overruled by AI software, which still makes lots of mistakes and hasn't examined us or talked to us.
Allowing insurance providers yet another tool to override doctors’ recommendations based on patient realities should be illegal. Insurance AI decisions do not represent any parties’ best interests except shareholders. Please place NH residents’ health outcomes above corporate profits. Thank you.