A Georgia State Representative recently introduced legislation prohibiting an insurer from relying solely on artificial intelligence to make coverage determinations. Manisha Thomas (House 65 – D) introduced House Bill 887, which would require that insurers have employees—with the authority to override decisions recommended by AI—review any AI-based recommendations and make ultimate coverage decisions. The progress of this bill can be tracked using The Atlanta Journal-Constitution’s Legislative Navigator.
House Bill 887 provides that “[n]o decision shall be made concerning any coverage determination based solely on results derived from the use or application of artificial intelligence or utilizing automated decision tools.” The bill further provides that “[a]ny decision concerning any coverage determination which resulted from the use or application of artificial intelligence or automated decision tools shall be meaningfully reviewed, in accordance with procedures for such review created by each insurer, by an individual with authority to override said artificial intelligence or automated decision tools.”
If enacted, House Bill 887 would raise numerous questions. For instance, what level of review constitutes “meaningful[] review”? What “procedures” must be put in place by an insurer in connection with reviewing AI-recommended determinations? And what is a “coverage determination”? Can an insurer rely solely upon AI in evaluating insurance applications?
While it is unknown if House Bill 887 will be adopted by the Georgia House by Crossover Day on February 29 to continue on the path to the Governor’s desk by the March 28, 2024 deadline, insurers that rely upon AI should be aware of this bill and others like it that may be enacted in Georgia.
If you would like to speak to an attorney about this bill or other matters, please contact Seslee Smith, Ryan Burke, or Nathan Miles.
