SB 246 — HEALTH/ACC INSURANCE: Establishes requirements for health insurance issuers using artificial intelligence or automated decision systems. (8/1/26)
Last action — Rules suspended. Called from the Calendar.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill is in committee in the Senate. Introduced February 26, 2026. It must pass committee before a floor vote.
Next likely step: a committee vote, then a floor vote in the Senate.
Odds of enactment
Low chanceBased on the sponsor, cosponsors, and committee posture, this bill has a low 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
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In Committee
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (2 D).
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 sets rules for health insurance companies using AI and automated systems.
This legislation requires health insurance issuers to follow certain guidelines when using artificial intelligence or automated decision systems. It aims to ensure transparency and fairness in how these technologies are applied in health insurance.
What this means for you
- Consumers: This means you may have more transparency regarding how AI is used in your health insurance decisions.
- Healthcare: This could lead to improved processes and fairness in health insurance operations involving technology.
Bill Text
What changed in the latest version
173 added · 103 removedPlain-language change summary
The recent amendments to Bill SB 246 clarify and expand the requirements for health insurance companies that use artificial intelligence in their decision-making processes. Notably, the bill now explicitly requires these companies to notify individuals if AI was used in determining their claims and to provide clear reasons for any adverse decisions. Additionally, these changes emphasize the importance of human review in the appeals process, ensuring that decisions made by AI can be reassessed by a human reviewer. This matters because it aims to enhance transparency and accountability in how health insurance decisions are made, protecting consumers' rights.
SLS 26RS-545 ORIGINALENGROSSED Regular Session SENATE BILL NO.
246 BY SENATORSENATORS LUNEAU AND BARROW HEALTH/ACC INSURANCE.
Establishes requirements for insurershealth insurance issuers using artificial intelligence.intelligence or automated decision systems.
22:1260.49 and 2401(4), relative to the use of artificial intelligence and automated decision systems by insurers;
to provide for applicability;
Timeframesfordeterminations;concurrentreview;retrospectivereview;Timeframesfordeterminations;concurrentreview;
adverseretrospectivereview; determination * * * E.(1) * * * (2) A health insurance issuer shall include in its written or electronic notification of an adverse determination all of the reasons for the determination, including the clinical rationale, and the instructions for initiating an appeal or reconsiderationofthedetermination,andwhetherartificialintelligence,asdefined in R.S.
22:1260.49,adverse wasdetermination used* * * E.(1) * * * (2) A health insurance issuer shall include in theits written or electronic notification of an adverse determination process.all of the reasons for the determination, including the clinical rationale, and the instructions for initiating an appeal or reconsideration of the determination, and whether artificial intelligence or an Page 1 of 7 Coding:
Page 1 of 5 Coding:
SLS 26RS-545 ORIGINALENGROSSED SB NO.
246 *automated *decision *system, §1260.49.as defined in R.S.
Right22:1260.49, towas humanused reviewin ofthe healthdetermination insuranceprocess. claims A.
"Artificial* intelligence"* as* used§1260.49. in this Section means an engineered ormachine-based systemthatvariesin itslevelof autonomy,canreceiveinput, and can, for explicit or implicit objectives, generate or infer how to generate outputs, including but not limited to predictions, simulations, and recommendations that can influence physical or virtual environments.
Right to human review of health insurance claims A.(1) "Artificial intelligence" as used in this Section means an engineered or machine-based system that varies in its level of autonomy, can receive input, and can, for explicit or implicit objectives, generateor infer how to generate outputs, including but not limited to predictions, simulations, and recommendations that can influence physical or virtual environments.
(2) "Automated decision system" as used in this Section means any computationalprocessderivedfrommachinelearning,statisticalmodeling,data analytics, or artificial intelligence that issues simplified output, including but not limited to a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts a natural person.
(1) Uses artificial intelligence or an automated decision system for utilization review.
(2) Contracts with a carrier that uses artificial intelligence or an automated decision system for the purpose of utilization review.
C.(1) No entity subject to this Section shall utilize an artificial intelligence or an automated decision system that does any of the following:
(2)Artificialintelligenceusedinthedeterminationprocessshallnotbase(2) itsdeterminationArtificial ordeterminationrecommendationsolelyintelligence onor agroupan dataautomated set.decision system used in the Page 2 of 7 Coding:
(3)Words Artificialwhich intelligenceare shallstruck basethrough itsare determinationdeletions orfrom determinationexisting recommendationlaw; on any the following:
words in boldface type and underscored are additions.
SLS 26RS-545 ENGROSSED SB NO.
246 determination process shall not base its determination or determination recommendation solely on a group data set.
(3) Artificial intelligence or an automated decision system shall base its determination or determination recommendation on any the following:
D.(1)D.(1)(a) An entity subject to this Section shall not replace the role of a Pagehealthcare 2provider ofin 5the Coding:determination process with artificial intelligence or an automated decision system.
Words(b) whichAny areadverse struckdetermination throughshall arebe deletionssigned fromby existinga law;licensed physician who personally reviewed the medical record and is responsible for the clinical judgment.
words in boldface type and underscored are additions.
SLS 26RS-545 ORIGINAL SB NO.
246 healthcare provider in the determination process with artificial intelligence.
(b) Comply with applicable regulations and guidance for artificial intelligence or automated decision system use issued by the United States Department of Health and Human Services.
(c) Review the performance, use, and outcomes of an artificial intelligenceintelligenceoranautomateddecisionsystemataminimumofonceperquarter, atandrevisethepoliciesandproceduresasneededtoensurecompliancewiththis a minimum of once per quarter, and revise the policies and procedures as needed to ensure compliance with this Section.
(d)AllowthecommissionertoinspectandaudittheartificialintelligencePage forcompliancewiththisSectionandreviewpoliciesandproceduresforhowthe3 artificialof intelligence7 isCoding: used in the determination process.
(e) Use patient data within its intended and stated purpose consistent with the federal Health Insurance Portability and Accountability Act of 1996, as applicable.
E.(1) Any insured has the right to appeal a determination that he has learned was made with a recommendation from an artificial intelligence.
(2) If an adverse determination is appealed on the basis of the use of an artificial intelligence, the insurer shall not use an artificial intelligence in any subsequent review of the claim.
* * * §2401.
Requirements of federal laws and regulations;
minimum requirements Health insurance issuers shall implement effective processes for appeals of coveragedeterminationsandclaims.Theprocessesshallcomplywithanyapplicable Page 3 of 5 Coding:
SLS 26RS-545 ORIGINALENGROSSED SB NO.
246 (d) Use patient data within its intended and stated purpose consistent with the federal lawHealth orInsurance regulation.Portability and Accountability Act of 1996, as applicable.
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(3)(a) A health insurance issuer shall disclose to the enrollee and the department when artificial intelligence or an automated decision system was used in any part of a coverage determination or utilization review.
(b) The health insurance issuer shall document the extent to which any artificial intelligence or automated decision system influenced the determination.
E.(1) Any insured has the right to appeal a determination that he has learned was made with a recommendation from an artificial intelligence or an automated decision system.
(2) Any adverse determination in which artificial intelligence or an automateddecisionsystemmateriallycontributedtothedeterminationshallbe presumed invalid unless the health insurance issuer demonstrates that the determination was independently reached through documented clinical judgment without reliance upon algorithmic output.
(3) If an adverse determination is appealed on the basis of the use of an artificialintelligenceoran automateddecision system,theinsurershallnotuse an artificial intelligence or an automated decision system in any subsequent review of the claim.
F.(1) An entity subject to this Section shall allow the commissioner to inspect and audit the artificial intelligence or automated decision system for compliance with this Section and review policies and procedures for how the artificialintelligenceorautomateddecisionsystemisusedinthedetermination process.
(2) The commissioner may require submission and independent review of any artificial intelligence or automated decision system used in utilization review.
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Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SLS 26RS-545 ENGROSSED SB NO.
246 (3) Upon request of the commissioner, a health insurance issuer shall disclose the data sources, training parameters, and validation methods used to developanyartificialintelligenceorautomateddecisionsystemusedincoverage determinations.
(4)Thehealthinsuranceissuershallpayforanyindependentreviewthat the commissioner deems necessary.
* * * §2401.
Requirements of federal laws and regulations;
minimum requirements Health insurance issuers shall implement effective processes for appeals of coveragedeterminationsandclaims.Theprocessesshallcomplywithanyapplicable federal law or regulation.
* * * (4)(4)Allowcoveredpersons,uponrequest,toreviewandhavecopiesofall Allow covered persons, upon request, review and have copies of all documents relevant to any artificial intelligence or an automated decision system as defined in R.S.
TheSection original2. instrument and the following digest, which constitutes no part of the legislative instrument, were prepared bySenate Legislative Services.
The provisions of this Act shall apply to any new policy, contract, program, or health coverage plan issued on or after January 1, 2027.
Any policy, contract, or health coverage plan in effect prior to January 1, 2027, shall convert to conform to the provisions of this Act on or before the renewal date, but no later than January 1, 2028.
The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Senate Legislative Services.
1:13(B) and 24:177(E)] DIGEST SB 246 OriginalEngrossed 2026 Regular Session Luneau Presentlawprovidesproceduresforutilizationreviewdeterminationsbyhealthcareinsurers.
ProposedPage law5 requiresaof healthcare7 insurerCoding: to inform an insured if artificial intelligencewas used in the determination process.
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SLS 26RS-545 ENGROSSED SB NO.
246 Proposed law requires a healthcare insurer to inform an insured if artificial intelligence or automated decision systems were used in the determination process.
Proposedlawprovidesrequirementsfortheuseofartificialintelligenceinutilizationreview.Proposed law defines automated decision systems.
Proposed law provides thatrequirements artificialfor intelligencethe shalluse notof replaceartificial theintelligence roleor ofautomated adecision healthcaresystems provider in the utilization reviewreview. determination.
Proposed law provides that artificial intelligence and automated decision systems shall not replace the role of a healthcare provider in the utilization review determination.
Proposed law provides that an insured has a right to appeal an adverse determination made with a recommendation from artificial intelligence.intelligence or automated decision systems.
ProposedlawforbidstheuseofartificialintelligenceinanysubsequentreviewofanadverseProposed law forbids the use of artificial intelligence or automated decision systems in any subsequent review of an adverse determination that used artificial intelligence.
Proposed law allows an insured as part of the appeals process to review and have copies of all documents relevant to any artificial intelligence or automated decision systems used in the utilization review or determination process.
PageEffective 4August of1, 52026. Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SLS 26RS-545 ORIGINAL SB NO.
246 Effective August 1, 2026.
22:1260.49 and 2401(4)) PageSummary 5 of 5Amendments Coding:Adopted by Senate CommitteeAmendmentsProposedbySenateCommitteeonInsurancetotheoriginal bill 1.
Define "automated decision systems".
2.
Regulate the use of automated decision systems byhealth insurance issuers.
3.
Require a licensed physician to sign any adverse determination.
4.
Require disclosure when an artificial intelligence or automated decision system was used in any part of a coverage determination or utilization review.
5.
Invalidate an adverse determination in which an artificial intelligence or an automateddecisionsystemmateriallycontributedtothedeterminationunless thehealthinsuranceissuerdemonstratesthedeterminationwasindependently reached.
6.
Allow the commissioner to inspect and audit the artificial intelligence or automated decision system for compliance and require the health insurance Page 6 of 7 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SLS 26RS-545 ENGROSSED SB NO.
246 issuer to disclose certain information.
7.
Allow the commissioner to require an independent review paid for by the health insurance issuer.
8.
Make proposed law applicable to policies issued after Jan.
1, 2027.
9.
Make technical changes.
Page 7 of 7 Coding:
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View plain text versions (2)
- Engrossed SB246 Engrossed Current pdf
- SB246 Original View text pdf
Amendments
6 amendments- Senate Floor Legislative Bureau Amendment, #876, Miller, G., Proposed Show changes
- Senate Committee Amendment, #772, INS, Adopted Adopted Show changes
- Senate Committee Amendment, #748, INS, Draft Show changes
- Senate Committee Amendment, #747, INS, Draft Show changes
- Senate Committee Amendment, #681, INS, Draft Show changes
- Senate Committee Amendment, #679, INS, Draft Show changes
Click Show changes on an amendment above to see how it modifies the bill.
Action History
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Rules suspended. Called from the Calendar.
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Read by title; withdrawn from the files of the Senate.
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Read by title and returned to the Calendar, subject to call.
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Read by title. Committee amendments read and adopted. Ordered engrossed and passed to third reading and final passage.
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Reported with amendments.
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Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Insurance.
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Prefiled and under the rules provisionally referred to the Committee on Insurance.
Sponsors
- Regina Barrow · Cosponsor
- Jay Luneau · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 145 not signed on
Sponsors (1)
- Jay Luneau Democrat
Co-sponsors (1)
- Regina Barrow Democrat
Not signed on (145)
145 members have not signed on to this bill.
Show all 145 →"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.
Subjects
Frequently asked questions
- Who sponsors SB 246?
- SB 246 is sponsored by Regina Barrow (Democrat) and Jay Luneau (Democrat).
- What is the current status of SB 246?
- This bill is in committee in the Senate. Introduced February 26, 2026. It must pass committee before a floor vote.
- Where can I track SB 246?
- Track SB 246 free on One Click Politics — get push/email alerts when it moves.
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