Colorado 2026 Regular Session Status: Enacted 8 D cosponsors

HB 1139 — Use of Artificial Intelligence in Health Care

Last action — Governor Signed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 04, 2026. Enacted.

Signed by Governor Jared Polis (Democratic) on June 02, 2026.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 82% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 18 sponsors

    4 primary, 14 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (8 D).

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

In plain language

The bill regulates the use of AI in healthcare utilization reviews starting in 2027.

Beginning in 2027, healthcare entities using AI for service coverage reviews must adhere to specific criteria ensuring human oversight and individual data consideration. The bill also prohibits payment for AI-conducted psychotherapy services.

What this means for you
  • Workers: Workers may experience more equitable healthcare coverage decisions as AI systems incorporate individual circumstances.
  • Families: Families may benefit from improved healthcare decision-making processes that factor in personal medical histories.
  • Healthcare: Healthcare entities must ensure AI systems are compliant with standards for individual patient care.

Summary

On and after January 1, 2027, when determining coverage for health-care services, the act requires entities that use an artificial intelligence system (AI system) for the purpose of conducting utilization review of health-care services, including health insurance companies (carriers), pharmacy benefit managers, private utilization review organizations, behavioral health administrative services organizations, and managed care entities (entities), ensure that the AI system complies with certain requirements specified in the act. Specifically, an entity shall ensure that the AI system:Makes determinations based on medical or clinical history, the patient's individual clinical circumstances, and other relevant clinical factors specified in the act, with denial of coverage reviewed by a licensed clinician or physician or other competent regulated professional who is competent to evaluate the specific clinical issues and review the health benefit plan's terms of coverage (competent regulated professional);Does not base its determination solely on group data without reference to the individual's data;Is not used in any way that discriminates against individuals in violation of other state or federal laws and is fairly and equitably applied, including in accordance with regulations and guidance issued by the federal department of health and human services; andIs periodically reviewed to ensure the AI systems outcomes are accurate and reliable and that an individual's health data is not used beyond its intended or stated purpose.     Entities that use AI systems shall disclose to the division of insurance, the department of human services, or the department of health care policy and financing, as applicable, the utilization review functions for which the AI system will be used and the points in the utilization review process when it will be used, the process for human oversight of adverse coverage determinations, and the process for maintaining audit information to ensure that the use of the AI system complies with the requirements in the act.     The AI system may be used to assist in utilization review, including expedited approvals. A carrier's denial of coverage for a service based in whole or in part on medical necessity shall not be issued solely on the output of an AI system without human review by a licensed clinician or physician or other competent regulated professional.     Further, the act prohibits a carrier and a payer of services under the 'Colorado Medical Assistance Act' and the 'Children's Basic Health Plan Act' from paying for psychotherapy services that are provided directly to a client and that are conducted by an AI system.(Note: This summary applies to this bill as enacted.)

Bill Text

What changed in the latest version

204 added · 320 removed

Plain-language change summary

The recent amendment to House Bill 1139 includes a new note stating that the bill is prepared for signatures from legislative officers and the Governor, allowing people to check the current status of the bill. This change is important because it provides transparency and keeps the public informed about whether the bill has been approved into law or not. The bill itself focuses on the role of artificial intelligence in healthcare, emphasizing the need for compassionate, human-centered decision-making in medical contexts.

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Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO.
NOTE:
26-0038.01 Brita Darling x2241 HOUSE BILL 26-1139 HOUSE SPONSORSHIP Joseph and Lieder, Duran, Froelich, Lindsay, Nguyen, Story, Titone SENATE SPONSORSHIP Cutter and Daugherty, Amabile, Coleman, Gonzales J., Hinrichsen, Jodeh, Kipp, Marchman, Mullica e n e 6 E a 0 A U , N g 1 S d a House Committees Senate Committees e M Health & Human Services Business, Labor, & Technology R r e A BILL FOR AN ACT n m 2 C ONCERNINGTHEUSEOFARTIFICIALINTELLIGENCEINHEALTHCARE .
This bill has been prepared for the signatures of the appropriate legislative officers and the Governor.
T n 2 N U 8 E i a Bill Summary S a M R n (Note:
To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.
This summary applies to this bill as introduced and does 2 notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill passes third reading in the house of introduction, a bill summary that e applies to the reengrossed version of this bill will be available at n 6 http://leg.colorado.gov.) m 0 E n , U U 1 Section 2 of the bill requires entities that use an artificial O i h H a r intelligence system or algorithm (AI system) for the purpose of R M r conducting utilization review of health-care services, including health 3 insurancecarriers,pharmacybenefitmanagers,privateutilizationreview organizations, behavioral health administrative services organizations, and managed care entities, to ensure that the AI system complies with g d 62 certain requirements specified in the bill when determining coverage for E e 2 services.
HOUSE BILL 26-1139 BY REPRESENTATIVE(S) Joseph and Lieder, Duran, Froelich,Lindsay, Nguyen, Story, Titone;
Specifically, the AI system used must:
also SENATOR(S) Cutter and Daugherty, Amabile, Gonzales J., Hinrichsen, Jodeh, Kipp, Marchman, Mullica, Coleman.
S R 3 U d 1 H 2 r Shading denotes HOUSE amendment.
C ONCERNING THE USE OF ARTIFICIAL INTELLIGENCE IN HEALTH CARE .
Double underlining denotes SENATE amendment.
e a Capital letters or bold & italic numbers indicate new material to be added to existing law.n M Dashes through the words or numbers indicate deletions from existing law.
e A ! Not base its determination solely on group data;
and ! Make determinations based on medical or clinical history, the patient's individual clinical circumstances, and other relevant factors specified in the bill, with denial of coverage reviewed by a licensed clinician or physician.
The AI system may be used to assist in utilization review, includingexpeditedapprovals.Adenialordelayofcoverageforaservice based in whole or in part on medical necessity must be reviewed by a licensed clinician or physician who is competent to evaluate the specific clinical issues.
Section3definesa"mentalhealthcompanionchatbot",inpart,as an AI system that:
! Uses generative artificial intelligence to provide adaptive, personalized,andemotionallyresonantresponsestosustain a one-on-one relationship with a user;
! Engages in interactive conversations similar to those an individual would have with a licensed mental health professional;
and ! Is represented by the AI systems provider as, or that a reasonable person believes to be, capable of providing mental health therapy or of helping to manage or treat mental health conditions.
Sections 2, 5, 6, and 7:
! Declare that an AI systems provider engages in the unauthorized practice of psychotherapy if the AI system used:
! Represents, states, or indicates, explicitly or implicitly, that the AI system is a human mental health provider or is authorized to engage in the practice of psychotherapy;
! Usesprohibitedtitles,abbreviationsordescriptions of professions, credentials, or services that only a mental health professional authorized to provide psychotherapy in the state (regulated professional) may use;
! Delivers psychotherapy services that would be considered the practice of psychotherapy without oversight by an individual who is a regulated professional;
or ! Is a mental health companion chatbot and:
Fails to provideclearandconspicuousnoticetotheuserthat the AI system is not a human and is not authorized toprovidepsychotherapy,therapy, or counseling or to manage or treat mental health conditions;
fails to disclose that the AI system is artificial intelligence -2- 1139 whenasked;failstoimplementaprotocoltoaddress suicidal ideation or self-harm expressed by users, including referring users to a suicide hotline or crisis text line;
or sells, shares, or discloses identifiablementalhealthdataorconditionstheuse of the mental health companion chatbot on a user agreeing to those practices;
! Allow for the use of an AI system to provide general information, support, or education, without representing that the AI system is a regulated professional;
! Exempt from the bill the development, testing, or evaluation of an AI system conducted for the purpose of research by an institutional review board;
and ! Prohibit a regulated professional from billing a public or private payer for psychotherapy services that are provided directly to a client and that are conducted by an AI system or for supervision of candidates or professional consultations that are provided by an AI system without human oversight.
Section 4 requires a regulated professional to disclose to a client the purposes for which the regulated professional uses AI systems or therapeuticordiagnosticdevicesthatincludeAIsystemsintheirpractice and when those AI systems or devices are used, the right of a client to consent to a disclosure of confidential communications, and other disclosures.
Sections2and7prohibitahealthinsurancecarrierandapayerof servicesunderthe"ColoradoMedicalAssistanceAct"andthe"Children's Basic Health Plan Act" from paying for psychotherapy services that are provided directly to a client and that are conducted by an AI system.
SECTION1.
SECTION 1.
Legislativedeclaration.(1) Thegeneralassembly finds and declares that:
Legislative declaration.
(1) The general assembly finds and declares that:
-3- 1139 (b) Artificial intelligence systems may offer valuable tools to support efficiency, data analysis, and administrative functions in health-caredelivery;however,thesesystemscannotcomprehendthefull breadth and depth of the human experience, including trauma, culture, disability,grief,fear,hope,andthelivedrealitiesthatshapepatienthealth outcomes;
(b) Artificial intelligence systems may offer valuable tools to supportefficiency,dataanalysis,andadministrativefunctionsinhealth-care delivery;
(c) The state of Colorado has a compelling interest in ensuring that health care remains human-centered and that decisions involving coverage determinations, medical necessity, and access to treatment, particularly denials of care, are made by qualified human clinicians or physicians who are accountable for these decisions and can exercise professional judgment and ethical reasoning;
however, these systems cannot comprehend the full breadth and depth of the human experience, including trauma, culture, disability, grief, Capital letters or bold & italic numbers indicate new material added to existing law;
(d) Reliance on artificial intelligence systems to make or materially influence adverse health-care determinations without meaningful human oversight risks compounding inequities, embedding bias, and eroding trust between patients, providers, and health-care systems;
dashes through words or numbers indicate deletions from existing law and such material is not part of the act.
(e) Artificialintelligencesystemsmaybeusedasanassistivetool in health-care delivery and administration but must not replace human judgment, human accountability, or the therapeutic relationship that is essential to safe, ethical, and effective care;
fear, hope, and the lived realities that shape patient health outcomes;
and (f) Every Coloradan, regardless of income, insurance status, disability, language access needs, race, ethnicity, geography, or immigration status, deserves access to human-centered health care that recognizes their dignity, individuality, and humanity.
(c) The state of Colorado has a compelling interest in ensuring that health care remains human-centered and that decisions involving coverage determinations, medical necessity, and access to treatment, particularly denials of care, are made by qualified human clinicians or physicians who areaccountableforthesedecisionsandcanexerciseprofessionaljudgment and ethical reasoning;
(2) Therefore,thegeneralassemblydeclaresthatitisessentialto:
(d) Reliance on artificialintelligencesystems to make or materially influence adverse health-care determinations without meaningful human oversight risks compounding inequities, embedding bias, and eroding trust between patients, providers, and health-care systems;
(a) Regulatetheuseofartificialintelligencesystemsinhealthcare -4- 1139 to ensure transparency, accountability, equity, and patient safety;
(e) Artificial intelligence systems may be used as an assistive tool in health-care delivery and administration but must not replace human judgment, human accountability, or the therapeutic relationship that is essential to safe, ethical, and effective care;
and (f) Every Coloradan, regardless of income, insurance status, disability,languageaccessneeds,race,ethnicity,geography,orimmigration status, deserves access to human-centered health care that recognizes their dignity, individuality, and humanity.
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(2) Therefore, the general assembly declares that it is essential to:
(a) Regulate the use of artificial intelligence systems in health care to ensure transparency, accountability, equity, and patient safety;
and (c) Preservethecentralroleoflicensedcliniciansindecisionsthat affect the health, well-being, and lives of Coloradans.
and (c) Preserve the central role of licensed clinicians in decisions that affect the health, well-being, and lives of Coloradans.
Use of artificial intelligence systems - utilization review - prohibition on payment for AI-delivered psychotherapy services - definitions.
Use of artificial intelligence systems - utilization review - prohibition on payment for AI-delivered psychotherapy PAGE 2-HOUSE BILL 26-1139 services - definitions.
(1) A S USED IN THIS SECTI:N (a) "A RTIFICIAL INTELLIGENCE SYSTE"HAS THE MEANING SET FORTH IN SECTION6-1-1701 (2).
(1) AS USED IN THIS SECTIO:
(b) "BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES ORGANIZATION "MEANSANORGANIZATIONSELECTEDBYTHEBEHAVIORAL HEALTHADMINISTRATIONPURSUANTTOSECTION 27-50-402 TOESTABLISH AND MAINTAIN A NETWORK OF BEHAVIORAL HEATH PROVIDERS .
(a) "A RTIFICIAL INTELLIGENCE SYSTEM "HAS THE MEANING SET FORTH IN SECTION6-1-1701 (2).
(c) "M ANAGED CARE ENTITY " HAS THE MEANING SET FORTH IN SECTION 25.5-5-403 (4).
(b) "BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES ORGANIZATION " MEANS AN ORGANIZATION SELECTED BY THE BEHAVIORAL HEALTH ADMINISTRATION PURSUANT TO SECTION 27-50-402TO ESTABLISH AND MAINTAIN A NETWORK OF BEHAVIORAL HEATH PROVIDERS .
(d) "PRIVATE UTILIZATION REVIEW ORGANIZATION " OR "ORGANIZATION "MEANSAPRIVATEUTILIZATIONREVIEWORGANIZATION , ASDEFINEDINSECTION 10-16-112(1)(a)THATHASACONTRACTWITHOR PERFORMS PRIOR AUTHORIZATION ON BEHALF OF A CARRIER .
(c) "M ANAGED CARE ENTITY "HAS THE MEANING SET FORTH IN SECTION 25.5-5-403 (4).
(d) "P RIVATE UTILIZATION REVIEW ORGANIZATION " OR "ORGANIZATION "MEANSAPRIVATEUTILIZATIONREVIEWORGANIZATION ,AS DEFINED IN SECTION 10-16-112 (1)(a),THAT HAS A CONTRACT WITH OR PERFORMS PRIOR AUTHORIZATION ON BEHALF OF A CARRIER .
SSECTIONS (3), (4AND (5) OF THIS SECTION APPLY TO:
SUBSECTIONS (3), (4)AND (5)OF THIS SECTION APPLY TO:
(a) A CARRIER THAT:
(a) A CARRIER THAT :
(I) U SES AN ARTIFICIAL INTELLIGENCE SYSTEM FOR THE -5- 1139 PURPOSE OF UTILIZATION REVIEW;OR (II) CONTRACTSWITHOROTHERWISE WORKSTHROUGHAPERSON THAT USES AN ARTIFICIAL INTELLIGENCE SYSTEM FOR THE PURPOSE OF UTILIZATION REVIEW ;
(I) USES ANARTIFICIALINTELLIGENCESYSTEMFORTHEPURPOSE OF UTILIZATION REVIEW;
(b) A PHARMACY BENEFIT MANAGER OR PRIVATE UTILIZATION REVIEW ORGANIZATION THAT CONTRACTS WITH A CARRIER TO PROVIDE UTILIZATION REVIEW SERVICES ON BEHALF OFTHE CARRIER AND USES AN ARTIFICIAL INTELLIGENCE SYSTEM FOR THE PURPOSE OF CONDUCTING THE UTILIZATION REVIEW;AND (c) A BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES ORGANIZATION OR MANAGED CARE ENTITY THAT USES AN ARTIFICIAL INTELLIGENCESYSTEM FORTHEPURPOSEOFCONDUCTINGUTILIZATION REVIEW OF MENTAL OR BEHAVIORAL HEALTH SERVICES .
OR (II) CONTRACTS WITH OR OTHERWISE WORKS THROUGH A PERSON THAT USES AN ARTIFICIAL INTELLIGENCE SYSTEM FOR THE PURPOSE OF UTILIZATION REVIEW;
(3) A PERSONDESCRIBEDINSUBSECTION (2)OFTHISSECTIONTHAT USES AN ARTIFICIAL INTELLIGENCE SYSTEM TO CONDUCT UTILIZATION REVIEW SHALL ENSURE THAT :
(b) A PHARMACY BENEFIT MANAGER OR PRIVATE UTILIZATION REVIEW ORGANIZATION THAT CONTRACTS WITH A CARRIER TO PROVIDE UTILIZATION REVIEW SERVICES ON BEHALF OF THE CARRIER AND USES AN ARTIFICIAL INTELLIGENCE SYSTEM FOR THE PURPOSE OF CONDUCTING THE UTILIZATION REVIEW;
(a) THE ARTIFICIAL INTELLIGENCE SYSTEM BASES ITS DETERMINATION ON THE FOLLOWING INFORMATION ,AS APPLICABLE:
AND (c) A BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES ORGANIZATION OR MANAGED CARE ENTITY THAT USES AN ARTIFICIAL PAGE 3-HOUSE BILL 26-1139 INTELLIGENCE SYSTEM FOR THE PURPOSE OF CONDUCTING UTILIZATION REVIEW OF MENTAL OR BEHAVIORAL HEALTH SERVICES .
(I) AN INDIVIDUAL'S MEDICAL OR OTHER CLINICAL HISTOR;
(3) A PERSON DESCRIBED IN SUBSECTION (2)OF THIS SECTION THAT USES AN ARTIFICIAL INTELLIGENCE SYSTEM TO CONDUCT UTILIZATION REVIEW SHALL ENSURE THAT :
(II) IDIVIDUALCLINICALCIRCUMSTANCESASPRESENTEDBYTHE REQUESTING PROVIDER ;AND (III) OHERRELEVANTCLINICALINFORMATIONCONTAINEDINTHE INDIVIDUAL S MEDICAL OR OTHER CLINICAL RECORD;
(a) T HE ARTIFICIAL INTELLIGENCE SYSTEM BASES ITS DETERMINATION ON THE FOLLOWING INFORMATION ,AS APPLICABLE :
(b) THE ARTIFICIAL INTELLIGENCE SYSTEM DOES NOT BASE ITS DETERMINATIONS SOLELY ON GROUP DATA ,WITHOUT REFERENCE TO THE INDIVIDUAL S DATA;
(I) AN INDIVIDUAL S MEDICAL OR OTHER CLINICAL HISTORY ;
-6- 1139 (c) THE ARTIFICIAL INTELLIGENCE SYSTEM IS NOT USED IN ANY WAYTHATDISCRIMINATESAGAINSTINDIVIDUALSINVIOLATIONOFOTHER STATE OR FEDERAL LAWS;
(II) IDIVIDUAL CLINICAL CIRCUMSTANCES AS PRESENTED BY THE REQUESTING PROVIDER ;AND (III) OTHER RELEVANT CLINICAL INFORMATION CONTAINED IN THE INDIVIDUAL S MEDICAL OR OTHER CLINICAL RECORD ;
(d) THE ARTIFICIAL INTELLIGENCE SYSTEM IS FAIRLY AND EQUITABLY APPLIED ,INCLUDING IN ACCORDANCE WITH APPLICABLE REGULATIONS AND GUIDANCE ISSUED BY THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES ;
(b) T HE ARTIFICIAL INTELLIGENCE SYSTEM DOES NOT BASE ITS DETERMINATIONS SOLELY ON GROUP DATA ,WITHOUT REFERENCE TO THE INDIVIDUAL S DATA ;
(e) THE ARTIFICIAL INTELLIGENCE SYSTEM PRODUCES AND RETAINS DOCUMENTATION , AUDIT LOGS , AND MODEL GOVERNANCE RECORDS IN ORDER TO DEMONSTRATE COMPLIANCE WITH THIS SECTION AND SECTION 10-3-1104.9;
(c) THEARTIFICIALINTELLIGENCE SYSTEMISNOT USEDINANYWAY THATDISCRIMINATESAGAINSTINDIVIDUALSINVIOLATIONOFOTHERSTATE OR FEDERAL LAWS ;
(f) THE ARTIFICIAL INTELLIGENCE SYSTES PERFORMANCE , USE, AND OUTCOMES ARE PERIODICALLY REVIEWED TO MAXIMIZE ACCURACY AND RELIABILITY;
(d) THEARTIFICIALINTELLIGENCESYSTEMISFAIRLYANDEQUITABLY APPLIED,INCLUDINGINACCORDANCE WITHAPPLICABLE REGULATIONSAND GUIDANCE ISSUED BY THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES ;
(g) A N INDIVIDUALS HEALTH DATA IS NOT USED BEYOND ITS INTENDEDORSTATEDPURPOSE ,CONSISTENTWITHAPPLICABLESTATEAND FEDERAL LAWS ;AND (h) T HE ARTIFICIAL INTELLIGENCE SYSTE'S OR ALGORITHM S CRITERIA AND GUIDELINES COMPLY WITH OTHER APPLICABLE STATE OR FEDERAL LAWS CONCERNING UTILIZATION REVIEW AND COVERAGE FOR HEALTH -CARE SERVICES.
(e) THE ARTIFICIALINTELLIGENCE SYSTEM PRODUCES AND RETAINS DOCUMENTATION ,AUDIT LOGS ,AND MODEL -GOVERNANCE RECORDS IN ORDER TO DEMONSTRATE COMPLIANCE WITH THIS SECTION AND SECTION 10-3-1104.9;
(4) A PERSON DESCRIBED IN SUBSECTION (2)OF THIS SECTION SHALL PROVIDE WRITTEN DISCLOSURES TO THE DIVISIO, THE DEPARTMENTOFHUMANSERVICES ,ORTHEDEPARTMENTOFHEALTHCARE POLICY AND FINANCING,AS APPLICABLE,THAT IDENTIF:
(f) T HE ARTIFICIAL INTELLIGENCE SYSTEM S PERFORMANCE , USE, ANDOUTCOMESAREPERIODICALLYREVIEWEDTOMAXIMIZEACCURACYAND RELIABILITY;
(a) THE UTILIZATION REVIEW FUNCTIONS FOR WHICH THE ARTIFICIAL INTELLIGENCE SYSTEM WILL BE US;D -7- 1139 (b) THE POINTS IN THE UTILIZATION REVIEW PROCESS WHEN THE ARTIFICIAL INTELLIGENCE SYSTEM IS US;D (c) THE HUMAN OVERSIGHT PROCESS, INCLUDING THE QUALIFICATIONS OF THE REVIEWER AND WHETHER THE A HUMAN MUST APPROVE AN ADVERSE DETERMINATION ;AND (d) T HE PROCESS FOR MAINTAINING AUDIT INFORMATION SUFFICIENTTODEMONSTRATECOMPLIANCEWITHSUBSECTION (3)OFTHIS SECTION.
PAGE 4-HOUSE BILL 26-1139 (g) A N INDIVIDUAL S HEALTH DATA IS NOT USED BEYOND ITS INTENDED OR STATED PURPOSE ,CONSISTENT WITH APPLICABLE STATE AND FEDERAL LAWS ;
(5) (a) NTWITHSTANDING SUBSECTION (3)OF THIS SECTI,AN ARTIFICIAL INTELLIGENCE SYSTEM MAY BE USED TO ASSIST WITH UTILIZATION REVIEW,INCLUDING EXPEDITED APPROVALS.
AND (h) T HE ARTIFICIAL INTELLIGENCE SYSTEM S OR ALGORITHM S CRITERIA AND GUIDELINES COMPLY WITH OTHER APPLICABLE STATE OR FEDERAL LAWS CONCERNING UTILIZATION REVIEW AND COVERAGE FOR HEALTH -CARE SERVICES .
(b) A CARRIERS DENIAL OF COVERAGE BASED IN WHOLE OR IN PART ON MEDICAL NECESSITY SHALL NOT BE ISSUED SOLELY ON THE OUTPUT OF AN ARTIFICIAL INTELLIGENCE SYSTEM WITHOUT HUMAN REVIEW AND APPROVAL OF THE DENIAL BY A LICENSED CLINICIA, LICENSED PHYSICIAN, OR OTHER REGULATED PROFESSIONAL THAT IS COMPETENTTOEVALUATETHESPECIFICCLINICALISSUESINVOLVEDINTHE HEALTH -CARE SERVICES REQUESTED BY THE PROVIDER AND A REVIEW OF THEHEALTHBENEFITPLAN 'STERMSOFCOVERAGEFORTHEHEALTH CARE SERVICE.
(4) A PERSONDESCRIBEDINSUBSECTION (2)OFTHISSECTIONSHALL PROVIDE WRITTEN DISCLOSURES TO THE DIVISION , THE DEPARTMENT OF HUMAN SERVICES , OR THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING ,AS APPLICABLE,THAT IDENTIFY :
(6) Prohibition on payment for AI-delivered psychotherapy services.
(a) THEUTILIZATIONREVIEWFUNCTIONSFORWHICHTHEARTIFICIAL INTELLIGENCE SYSTEM WILL BE USED ;
(a) A CARRIER OFFERING A HEALTH BENEFIT PLAN ISSUED OR RENEWED IN THE STATE ON OR AFTER THE EFFECTIVE DATE OF THIS SECTIONSHALLNOTPROVIDECOVERAGEFORSERVICESTHATCONSTITUTE PSYCHOTHERAPY SERVICES , AS DEFINED IN SECTION12-245-202 (14), THAT ARE PROVIDED DIRECTLY TO AN INDIVIDUAL AND THAT ARE -8- 1139 CONDUCTED BY AN ARTIFICIAL INTELLIGENCE SYSTE.
(b) T HE POINTS IN THE UTILIZATION REVIEW PROCESS WHEN THE ARTIFICIAL INTELLIGENCE SYSTEM IS USED;
(b) SUBSECTION (6)(aOF THIS SECTION DOES NOT PROHIBIT THE USE OF BILLING SOFTWARE ,ELECTRONIC HEALTH RECORDS , VIDEO PLATFORMS ,OROTHERNONTHERAPEUTICSOFTWARE TOOLSINCIDENT TO SERVICES PROVIDED BY A HUMAN PROVIDER.
(c) T HE HUMAN OVERSIGHT PROCESS , INCLUDING THE QUALIFICATIONSOFTHEREVIEWERANDWHETHERAHUMANMUSTAPPROVE AN ADVERSE DETERMINATION ;AND (d) THEPROCESSFORMAINTAININGAUDITINFORMATIONSUFFICIENT TO DEMONSTRATE COMPLIANCE WITH SUBSECTION (3)OF THIS SECTION.
(c) TEUSEOFVIDEOCONFERENCING MESSAGINGPLATFORMS ,OR OTHER COMMUNICATIONS SOFTWARE TO ENABLE SUPERVISION OR CONSULTATION BY A LICENSED,REGISTERED,OR CERTIFIED INDIVIDUAL DOES NOT CONSTITUTE SUPERVISION OR CONSULTATION THAT IS CONDUCTEDBYANARTIFICIALINTELLIGENCESYSTEM ,ASREFERENCEDIN SUBSECTION (6)(aOF THIS SECTIO.
(5) (a) NOTWITHSTANDING SUBSECTION (3)OF THIS SECTION, AN ARTIFICIAL INTELLIGENCE SYSTEM MAY BE USED TO ASSIST WITH UTILIZATION REVIEW ,INCLUDING EXPEDITED APPROVALS .
(b) A CARRIER S DENIALOFCOVERAGE BASED IN WHOLE OR IN PART ONMEDICALNECESSITYSHALLNOTBEISSUEDSOLELYONTHEOUTPUTOFAN ARTIFICIALINTELLIGENCESYSTEMWITHOUTHUMANREVIEWANDAPPROVAL OF THE DENIAL BY A LICENSED CLINICIAN,LICENSED PHYSICIAN,OR OTHER REGULATEDPROFESSIONALTHATISCOMPETENTTOEVALUATETHESPECIFIC CLINICAL ISSUES INVOLVED IN THE HEALTH-CARE SERVICES REQUESTED BY THE PROVIDER AND A REVIEW OF THE HEALTH BENEFIT PLAN 'S TERMS OF COVERAGE FOR THE HEALTH -CARE SERVICE .
PAGE 5-HOUSE BILL 26-1139 (6) Prohibition on payment for AI-delivered psychotherapy services.
(a) A CARRIER OFFERING A HEALTH BENEFIT PLAN ISSUED OR RENEWEDINTHE STATE ONORAFTERTHE EFFECTIVE DATE OFTHISSECTION SHALL NOT PROVIDE COVERAGE FOR SERVICES THAT CONSTITUTE PSYCHOTHERAPYSERVICES ,ASDEFINED IN SECTION12-245-202(14),THAT AREPROVIDEDDIRECTLYTOANINDIVIDUALANDTHAT ARE CONDUCTEDBY AN ARTIFICIAL INTELLIGENCE SYSTEM (b) SBSECTION (6)(aOFTHISSECTIONDOESNOTPROHIBITTHEUSE OF BILLING SOFTWARE,ELECTRONIC HEALTH RECORDS ,VIDEO PLATFORMS , OR OTHER NONTHERAPEUTIC SOFTWARE TOOLS INCIDENT TO SERVICES PROVIDED BY A HUMAN PROVIDER .
(c) THE USE OF VIDEOCONFERENCING ,MESSAGING PLATFORMS ,OR OTHER COMMUNICATIONS SOFTWARE TO ENABLE SUPERVISION OR CONSULTATIONBYALICENSED REGISTERED ,ORCERTIFIEDINDIVIDUALDOES NOT CONSTITUTE SUPERVISION OR CONSULTATION THAT IS CONDUCTED BY ANARTIFICIALINTELLIGENCESYSTEM ASREFERENCEDINSUBSECTION (6)(a) OF THIS SECTIO.
A PAYER OF MENTAL OR BEHAVIORAL HEALTH -CARE SERVICES PROVIDED UNDER THE "C OLORADO M EDICAL ASSISTANCE A CT",AS SPECIFIEDINARTICLES4,5AND 6 OFTHISTITLE25.5ORTHE "C HILDRENS B ASICHEALTH PLAN ACT",ASSPECIFIEDINARTICLE8 OFTHISTITLE25.5, SHALL NOT PAY FOR SERVICES THAT CONSTITUTE PSYCHOTHERAPY SERVICES,AS DEFINED IN SECTIO12-245-202(14)THAT ARE PROVIDED DIRECTLY TO AN INDIVIDUAL AND THAT ARE CONDUCTED BY AN ARTIFICIALINTELLIGENCE SYSTEMAS THAT TERM IS DEFINED IN SECTION 10-16-112.7 (1)(b).
A PAYER OF MENTAL OR BEHAVIORAL HEALTH -CARE SERVICES PROVIDED UNDER THE "COLORADO M EDICAL A SSISTANCE A CT",AS SPECIFIED IN ARTICLES,5,AND 6OF THIS TITL25.5,OR THE"C HILDREN'S BASIC HEALTH P LAN ACT",AS SPECIFIED IN ARTICL8OF THIS TITL25.5, SHALLNOTPAYFORSERVICESTHATCONSTITUTEPSYCHOTHERAPYSERVICES , ASDEFINEDINSECTION 12-245-202(14),THAT AREPROVIDEDDIRECTLYTO ANINDIVIDUALANDTHATARECONDUCTEDBYANARTIFICIALINTELLIGENCE SYSTEM ,AS THAT TERM IS DEFINED IN SECTI10-16-112.7 (1)(b).
except that, if a -9- 1139 referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within the ninety-day period after final adjournment of the general assembly, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect January1, 2027, or on the date of the official declaration of the vote thereon bythe governor, whichever is later.
except that, if a referendumpetitionisfiledpursuanttosection1(3)ofarticleVofthestate PAGE 6-HOUSE BILL 26-1139 constitutionagainstthisactor an item, section, or part of thisactwithinthe ninety-dayperiod after final adjournment of the general assembly, then the act, item, section, or part will not take effect unless approved bythe people at the general election to be held in November 2026 and, in such case, will take effect January 1, 2027, or on the date of the official declaration of the vote thereon by the governor, whichever is later.
-10- 1139
____________________________ ____________________________ Julie McCluskie James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Vanessa Reilly Esther van Mourik CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ (Date and Time) _________________________________________ Jared S.
Polis GOVERNOR OF THE STATE OF COLORADO PAGE 7-HOUSE BILL 26-1139
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Action History

  1. Governor Signed

  2. Signed by the Speaker of the House

  3. Signed by the President of the Senate

  4. Sent to the Governor

  5. Senate Third Reading Passed - No Amendments

  6. Senate Second Reading Special Order - Passed - No Amendments

  7. Senate Committee on Business, Labor, & Technology Refer Unamended to Senate Committee of the Whole

  8. Introduced In Senate - Assigned to Business, Labor, & Technology

  9. House Third Reading Passed - No Amendments

  10. House Second Reading Special Order - Passed with Amendments - Committee, Floor

  11. House Second Reading Laid Over Daily - No Amendments

  12. House Committee on Health & Human Services Refer Amended to House Committee of the Whole

  13. Introduced In House - Assigned to Health & Human Services

Sponsors

Sponsorship breakdown

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4 sponsors · 14 co-sponsors · 83 not signed on · 8 voted No

Sponsors (4)

Co-sponsors (14)

Not signed on (83)

83 members have not signed on to this bill.

Show all 83 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

BILL

Passed 33 Yea · 3 Nay
Party YeaNayPresentNot Voting
Democrat 21000
Republican 7300
Unaffiliated 5000
Total 33300
% of votes cast 92%8%0%0%
How each member voted (36)
Member Party Vote
Gonzales J. — Yea
Pelton B. — Yea
Pelton R. — Yea
President — Yea
Adrienne Benavidez — Yea
Cathy Kipp Democrat Yea
Chris Kolker Democrat Yea
Dylan Roberts Democrat Yea
Iman Jodeh Democrat Yea
James Coleman Democrat Yea
Janice Marchman Democrat Yea
Jeff Bridges Democrat Yea
Jessie Danielson Democrat Yea
Judy Amabile Democrat Yea
Katie Wallace Democrat Yea
Kyle Mullica Democrat Yea
Lindsey Daugherty Democrat Yea
Lisa Cutter Democrat Yea
Marc Snyder Democrat Yea
Matt Ball Democrat Yea
Mike Weissman Democrat Yea
Nick Hinrichsen Democrat Yea
Robert Rodriguez Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
William Lindstedt Democrat Yea
Barbara Kirkmeyer Republican Yea
Cleave Simpson Republican Yea
Janice Rich Republican Nay
John Carson Republican Yea
Larry Liston Republican Yea
Lisa Frizell Republican Yea
Lynda Zamora Wilson Republican Nay
Marc Catlin Republican Yea
Mark Baisley Republican Nay
Scott Bright Republican Yea

Official roll call →

Refer House Bill 26-1139, as amended, to the Committee of the Whole.

Passed 8 Yea · 5 Nay
Party YeaNayPresentNot Voting
Republican 0500
Democrat 8000
Total 8500
% of votes cast 62%38%0%0%
How each member voted (13)
Member Party Vote
Eliza Hamrick Democrat Yea
Gretchen Rydin Democrat Yea
Karen McCormick Democrat Yea
Katie Stewart Democrat Yea
Lindsay Gilchrist Democrat Yea
Lisa Feret Democrat Yea
Regina English Democrat Yea
Sheila Lieder Democrat Yea
Brandi Bradley Republican Nay
Carlos Barron Republican Nay
Dan Woog Republican Nay
Dusty Johnson Republican Nay
Mary Bradfield Republican Nay

Official roll call →

Subjects

healthcare health-insurance technology
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Frequently asked questions

What does HB 1139 do?
On and after January 1, 2027, when determining coverage for health-care services, the act requires entities that use an artificial intelligence system (AI system) for the purpose of conducting utilization review of health-care services, including health insurance companies (carriers), pharmacy benefit managers, private utilization review organizations, behavioral health administrative services organizations, and managed care entities (entities), ensure that the AI system complies with certain requirements specified in the act. Specifically, an entity shall ensure that the AI system:Makes determinations based on medical or clinical history, the patient's individual clinical circumstances, and other relevant clinical factors specified in the act, with denial of coverage reviewed by a licensed clinician or physician or other competent regulated professional who is competent to evaluate the specific clinical issues and review the health benefit plan's terms of coverage (competent regulated professional);Does not base its determination solely on group data without reference to the individual's data;Is not used in any way that discriminates against individuals in violation of other state or federal laws and is fairly and equitably applied, including in accordance with regulations and guidance issued by the federal department of health and human services; andIs periodically reviewed to ensure the AI systems outcomes are accurate and reliable and that an individual's health data is not used beyond its intended or stated purpose.     Entities that use AI systems shall disclose to the division of insurance, the department of human services, or the department of health care policy and financing, as applicable, the utilization review functions for which the AI system will be used and the points in the utilization review process when it will be used, the process for human oversight of adverse coverage determinations, and the process for maintaining audit information to ensure that the use of the AI system complies with the requirements in the act.     The AI system may be used to assist in utilization review, including expedited approvals. A carrier's denial of coverage for a service based in whole or in part on medical necessity shall not be issued solely on the output of an AI system without human review by a licensed clinician or physician or other competent regulated professional.     Further, the act prohibits a carrier and a payer of services under the 'Colorado Medical Assistance Act' and the 'Children's Basic Health Plan Act' from paying for psychotherapy services that are provided directly to a client and that are conducted by an AI system.(Note: This summary applies to this bill as enacted.)
Who sponsors HB 1139?
HB 1139 is sponsored by Sheila Lieder (Democrat), Monica Duran (Democrat), Meg Froelich (Democrat), Mandy Lindsay (Democrat), Kenny Nguyen (Democrat), Tammy Story (Democrat), Brianna Titone (Democrat), K. Mullica, J. Marchman, C. Kipp, I. Jodeh, N. Hinrichsen, J. Gonzales, J. Coleman, J. Amabile, L. Daugherty, L. Cutter, and Junie Joseph (Democrat).
What is the current status of HB 1139?
This bill has been enacted into law. Introduced February 04, 2026. Enacted.
Where can I track HB 1139?
Track HB 1139 free on One Click Politics — get push/email alerts when it moves.

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