[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10210 Introduced in House (IH)]

<DOC>






119th CONGRESS
  2d Session
                               H. R. 10210

  To amend title XXVII of the Public Health Service Act, the Employee 
 Retirement Income Security Act of 1974, and the Internal Revenue Code 
of 1986 to regulate the use of artificial intelligence in the review of 
  claims by group health plans and health insurance issuers offering 
             group or individual health insurance coverage.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 1, 2026

Mr. Landsman (for himself, Mr. Carter of Georgia, Ms. Schrier, and Mr. 
   Barrett) introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
    Ways and Means, and Education and Workforce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
  To amend title XXVII of the Public Health Service Act, the Employee 
 Retirement Income Security Act of 1974, and the Internal Revenue Code 
of 1986 to regulate the use of artificial intelligence in the review of 
  claims by group health plans and health insurance issuers offering 
             group or individual health insurance coverage.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Doctors Not AI Act of 2026''.

SEC. 2. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.

    (a) Definition of Artificial Intelligence System.--Section 2791 of 
the Public Health Service Act (42 U.S.C. 30099-91) is amended by adding 
at the end the following:
    ``(g) The term `artificial intelligence system' means an engineered 
or machine-based system, including any algorithm, predictive model, 
machine learning system, or automated decision-making software, that 
processes data to generate predictions, classifications, 
recommendations, or decisions and that is used to materially influence, 
automate, or issue determinations regarding coverage of health care 
items or services.''.
    (b) Clinical Judgment and Artificial Intelligence.--The Public 
Health Service Act is amended by inserting after section 2719A (42 
U.S.C. 300gg-19a) the following new section:

``SEC. 2719B. CLINICAL JUDGMENT AND ARTIFICIAL INTELLIGENCE.

    ``(a) In General.--A group health plan and a health insurance 
issuer offering group or individual health insurance coverage shall 
ensure that any adverse benefit determination, whether initially or 
upon appeal, involving clinical judgment--
            ``(1) is not issued by an artificial intelligence system 
        and is not dictated or determined by the output of such system;
            ``(2) is made only by a licensed health care professional 
        who is acting within the scope of the professional's license 
        and who has training and experience in the provision of the 
        health care item or service that is the subject of the 
        determination;
            ``(3) reflects the independent clinical judgment of such 
        professional, who shall conduct an independent evaluation of 
        the enrollee's individual medical circumstances and shall not 
        treat any output of an artificial intelligence system as 
        presumptively valid or defer to such output in lieu of 
        independent clinical judgment applying generally accepted 
        standards of care;
            ``(4) includes, in the notice required under section 2719, 
        if an artificial intelligence system was used in connection 
        with the determination--
                    ``(A) a statement that such system was used;
                    ``(B) a description of its role in the review 
                process; and
                    ``(C) the name, professional license, and 
                credentials of the licensed health care professional 
                who made the determination; and
            ``(5) is supported by documentation maintained as part of 
        the administrative record describing--
                    ``(A) the artificial intelligence system used;
                    ``(B) the role of such system in the review 
                process;
                    ``(C) any outputs, scores, recommendations, or 
                determinations generated by such system; and
                    ``(D) documentation demonstrating compliance with 
                subparagraph (C); and
        such materials shall be considered part of the administrative 
        record and made available to the enrollee upon request.
    ``(b) Definitions.--For purposes of this section:
            ``(1) Adverse benefit determination.--The term `adverse 
        benefit determination' includes an initial determination and a 
        determination on internal appeal.
            ``(2) Adverse benefit determination involving clinical 
        judgment.--The term `adverse benefit determination involving 
        clinical judgment' means an adverse benefit determination that 
        is based, in whole or in part, on medical necessity, 
        appropriateness, experimental and investigational or similar 
        exclusions or limits, level of care, health care setting, 
        effectiveness, clinical guidelines, utilization review 
        criteria, other standards requiring evaluation of the 
        enrollee's medical condition or treatment needs, or generally 
        accepted standards of care for such treatment needs.''.
    (c) Parity Treatment of Artificial Intelligence Systems.--Section 
2726 of the Public Health Service Act (42 U.S.C. 300gg-26) is amended--
            (1) in subsection (a)(8)(A), by adding at the end the 
        following new clause:
                            ``(vi) Whether an artificial intelligence 
                        system is used in, or materially influences, 
                        the design, development, application, or 
                        administration of such limitation and, if so, 
                        sufficient information regarding the function, 
                        operation, and effects of such system to enable 
                        the Secretary to evaluate such function, 
                        operation, and effects under such limitation 
                        with respect to mental health or substance use 
                        disorder benefits as compared to medical and 
                        surgical benefits, both as written and in 
                        operation.''; and
            (2) by adding at the end the following:
    ``(f) Artificial Intelligence and Utilization Review.--The use of 
an artificial intelligence system in connection with utilization review 
shall constitute a treatment limitation for purposes of this 
section.''.

SEC. 3. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 
              1974.

    (a) Definition of Artificial Intelligence System.--Section 3 of the 
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002) is 
amended by adding at the end the following:
            ``(48) The term `artificial intelligence system' means an 
        engineered or machine-based system, including any algorithm, 
        predictive model, machine learning system, or automated 
        decision-making software, that processes data to generate 
        predictions, classifications, recommendations, or decisions and 
        that is used to materially influence, automate, or issue 
        determinations regarding coverage of health care items or 
        services.''.
    (b) Claims Procedure Requirements.--Section 503 of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1133) is amended--
            (1) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (2) by adding at the end the following:
            ``(3) ensure that any adverse benefit determination, 
        whether initially or upon appeal, involving clinical judgment--
                    ``(A) is not issued by an artificial intelligence 
                system and is not dictated or determined by the output 
                of such system;
                    ``(B) is made only by a licensed health care 
                professional who is acting within the scope of the 
                professional's license and who has training and 
                experience in the provision of the health care item or 
                service that is the subject of the determination;
                    ``(C) reflects the independent clinical judgment of 
                such professional, who shall conduct an independent 
                evaluation of the participant's or beneficiary's 
                individual medical circumstances and shall not treat 
                any output of an artificial intelligence system as 
                presumptively valid or defer to such output in lieu of 
                independent clinical judgment applying generally 
                accepted standards of care;
                    ``(D) includes, in the notice required under 
                paragraph (1), if an artificial intelligence system was 
                used in connection with the determination--
                            ``(i) a statement that such system was 
                        used;
                            ``(ii) a description of its role in the 
                        review process; and
                            ``(iii) the name, professional license, and 
                        credentials of the licensed health care 
                        professional who made the determination; and
                    ``(E) is supported by documentation maintained as 
                part of the administrative record describing--
                            ``(i) the artificial intelligence system 
                        used;
                            ``(ii) the role of such system in the 
                        review process;
                            ``(iii) any outputs, scores, 
                        recommendations, or determinations generated by 
                        such system; and
                            ``(iv) documentation demonstrating 
                        compliance with subparagraph (C); and
                such materials shall be considered part of the 
                administrative record and made available to the 
                participant or beneficiary upon request.
        For purposes of this paragraph, the term `adverse benefit 
        determination' includes an initial determination and a 
        determination on internal appeal, and the term `adverse benefit 
        determination involving clinical judgment' means an adverse 
        benefit determination that is based, in whole or in part, on 
        medical necessity, appropriateness, experimental and 
        investigational or similar exclusions or limits, level of care, 
        health care setting, effectiveness, clinical guidelines, 
        utilization review criteria, other standards requiring 
        evaluation of the participant's or beneficiary's medical 
        condition or treatment needs, or generally accepted standards 
        of care for such treatment needs.''.
    (c) Parity Treatment of Artificial Intelligence Systems.--Section 
712 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 
1185a) is amended---
            (1) in subsection (a)(8)(A), by adding at the end the 
        following new clause:
                            ``(vi) Whether an artificial intelligence 
                        system is used in, or materially influences, 
                        the design, development, application, or 
                        administration of such limitation and, if so, 
                        sufficient information regarding the function, 
                        operation, and effects of such system to enable 
                        the Secretary to evaluate such function, 
                        operation, and effects under such limitation 
                        with respect to mental health or substance use 
                        disorder benefits as compared to medical and 
                        surgical benefits, both as written and in 
                        operation.''; and
            (2) by adding at the end the following:
    ``(h) Artificial Intelligence and Utilization Review.--The use of 
an artificial intelligence system in connection with utilization review 
shall constitute a treatment limitation for purposes of this 
section.''.

SEC. 4. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.

    (a) Definition of Artificial Intelligence System.--Section 9832 of 
the Internal Revenue Code of 1986 is amended by adding at the end the 
following new paragraph:
            ``(11) Artificial intelligence system.--The term 
        `artificial intelligence system' means an engineered or 
        machine-based system, including any algorithm, predictive 
        model, machine learning system, or automated decision-making 
        software, that processes data to generate predictions, 
        classifications, recommendations, or decisions and that is used 
        to materially influence, automate, or issue determinations 
        regarding coverage of health care items or services.''.
    (b) Clinical Judgment and Artificial Intelligence.--Subchapter B of 
chapter 100 of the Internal Revenue Code of 1986 is amended by 
inserting after section 9815 the following new section:

``SEC. 9815A. CLINICAL JUDGMENT AND ARTIFICIAL INTELLIGENCE.

    ``(a) In General.--A group health plan shall ensure that any 
adverse benefit determination, whether initially or upon appeal, 
involving clinical judgment--
            ``(1) is not issued by an artificial intelligence system 
        and is not dictated or determined by the output of such system;
            ``(2) is made only by a licensed health care professional 
        who is acting within the scope of the professional's license 
        and who has training and experience in the provision of the 
        health care item or service that is the subject of the 
        determination;
            ``(3) reflects the independent clinical judgment of such 
        professional, who shall conduct an independent evaluation of 
        the participant's or beneficiary's individual medical 
        circumstances and shall not treat any output of an artificial 
        intelligence system as presumptively valid or defer to such 
        output in lieu of independent clinical judgment applying 
        generally accepted standards of care;
            ``(4) includes, in the notice required under this chapter, 
        if an artificial intelligence system was used in connection 
        with the determination--
                    ``(A) a statement that such system was used;
                    ``(B) a description of its role in the review 
                process; and
                    ``(C) the name, professional license, and 
                credentials of the licensed health care professional 
                who made the determination;
            ``(5) is supported by documentation maintained as part of 
        the administrative record describing--
                    ``(A) the artificial intelligence system used;
                    ``(B) the role of such system in the review 
                process;
                    ``(C) any outputs, scores, recommendations, or 
                determinations generated by such system; and
                    ``(D) documentation demonstrating compliance with 
                subparagraph (C);
        and such materials shall be considered part of the 
        administrative record and made available to the participant or 
        beneficiary upon request.
    ``(b) Definitions.--For purposes of this section--
            ``(1) Adverse benefit determination.--The term `adverse 
        benefit determination' includes an initial determination and a 
        determination on internal appeal.
            ``(2) Adverse benefit determination involving clinical 
        judgment.--The term `adverse benefit determination involving 
        clinical judgment' means an adverse benefit determination that 
        is based, in whole or in part, on medical necessity, 
        appropriateness, experimental and investigational or similar 
        exclusions or limits, level of care, health care setting, 
        effectiveness, clinical guidelines, utilization review 
        criteria, other standards requiring evaluation of the 
        participant's or beneficiary's medical condition or treatment 
        needs, or generally accepted standards of care for such 
        treatment needs.''.
    (c) Parity Treatment.--Section 9812 of the Internal Revenue Code of 
1986 is amended--
            (1) in subsection (a)(8)(A), by adding at the end the 
        following new clause:
                            ``(vi) Whether an artificial intelligence 
                        system is used in, or materially influences, 
                        the design, development, application, or 
                        administration of such limitation and, if so, 
                        sufficient information regarding the function, 
                        operation, and effects of such system to enable 
                        the Secretary to evaluate such function, 
                        operation, and effects under such limitation 
                        with respect to mental health or substance use 
                        disorder benefits as compared to medical and 
                        surgical benefits, both as written and in 
                        operation.''; and
            (2) by adding at the end the following:
    ``(f) Artificial Intelligence and Utilization Review.--The use of 
an artificial intelligence system in connection with utilization review 
shall constitute a treatment limitation for purposes of this 
section.''.
    (d) Clerical Amendment.--The table of sections for subchapter B of 
chapter 100 of the Internal Revenue Code of 1986 is amended by 
inserting after the item related to section 9815 the following new 
item:

``Sec. 9815A. Clinical judgment and artificial intelligence.''.

SEC. 5. EFFECTIVE DATE.

    The amendments made by this Act shall apply to plan years beginning 
on or after January 1 of the first calendar year beginning not less 
than 12 months after the date of the enactment of this Act.
                                 <all>