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HB 1406 · 2026 · House · Commerce and Consumer Affairs Committee

AI use in insurance reviews

AI-generated

(New TItle) relative to health carrier recordkeeping requirements in utilization review, including specifications regarding the use of artificial intelligence.

Requires 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.AI-generated

Status

Killed in the Senate — Inexpedient to Legislate · May 5, 2026
  1. ✓Introduced
  2. ✓House
  3. ✕Senate
  4. Governor
  5. Law

Analysis

This bill: I. Requires health carriers under the managed care law to maintain written records relative to their use of artifical intelligence and protocols for ensuring human review of certain determinations. II. Requires health carriers to make any adverse determinations relative to a covered individual and maintain records related to an adverse determination including whether artificial intelligence was used. III. Establishes health carriers as responsible for the activities of entities which they have contracted with, relative to such requirements.

From the bill's official ANALYSIS section.

In the bill's words

Quoted verbatim from the bill as amended by the House. Passages chosen from the operative text.Computed by this site

“Each health carrier shall maintain written records related to the health carrier’s use of algorithms, artificial intelligence, or other machine based systems, including but not limited to:”
Section 1
“All adverse determinations, including payment reductions and down coding, must be made by a qualified health care provider.”
Section 2
“The health carrier must provide written notice of the adverse determination to the covered person and the covered person's health care provider detailing the reason for the decision.”
Section 2
“Whenever a health carrier contracts to have another entity perform any functions, including use of artificial intelligence systems developed by another entity, related to utilization review, the commissioner shall hold the health carrier responsible for monitoring the activities of the entity with which it contracts and for ensuring that the requirements of this section and applicable rules are met.”
Section 2

Official record

gc.nh.gov · the authoritative source

Sponsors

Rep. Alicia GreggDPrime
  • Rep. Gaby GrossmanDDeputy Ranking Member· Children and Family Law
  • Rep. Jessica LaMontagneDDeputy Ranking Member· Health, Human Services, and Elderly Affairs
  • Sen. Regina BirdsellRMajority Leader
  • Sen. Suzanne PrentissDAssistant Democratic Leader

Also: Rep. David NagelD, Rep. Mark PearsonR, Rep. Trinidad TellezD, Rep. Santosh SalviD, Rep. Sanjeev ManoharD, Rep. Nancy MurphyD, Sen. Pat LongD

Public testimony

221 signed in online · 49 wrote testimony

97% support3% oppose0% neutral

In their wordsVerbatim, exactly as submitted

“As the State of New Hampshire begins to consider regulation of Artificial Intelligence, the New Hampshire Medical Society urges a thoughtful and measured approach.…”
— Cathy Stratton, Concord · NH Medical Societysupports
“Using Ai to change the clinical judgement of a health care provider is unethical and not in the patient's interest, it only allows health insurance companies' to deny care.”
— Lyssa Bayne-Kim, Durhamsupports
“As a mental health provider and an insurance consumer, I know the struggle of working with insurance companies all too well.…”
— Amanda Cortese, Exetersupports
“Please vote to ensure patients aren’t denied coverage by AI use at insurance companies. We pay big money for our insurance and even more for our healthcare, please work to make it better not worse by voting in approval of this bill.”
— Tracey Partington, Atkinsonopposes

Verbatim excerpts of submitted testimony, quoted from the testimony tool.

Read the testimony · as of Aug 12, 2026

Votes

yeanay
Starting text: Bill as introduced
  • Mar 3, 2026HouseCommittee report· consent calendar: Ought to Pass with Amendment # 2026-0986h14–0
    Overall
    100% yea
  • Mar 11, 2026HouseVoice voteAmendment 2026-0986hadopted
  • Mar 11, 2026HouseVoice voteOught to Pass with Amendment 2026-0986hadopted
    Resulting text: Bill as amended by the House
  • May 7, 2026SenateCommittee report: Inexpedient to Legislate4–1
    Overall
    80% yea
  • May 7, 2026SenateVoice voteInexpedient to Legislateadopted

Hearings and debates

  • Feb 17, 2026Public hearingHouse Commerce and Consumer Affairs3:53:53–4:01:397m 46slocated in the stream transcriptPublic Hearing
  • Feb 18, 2026Public hearingHouse Commerce and Consumer AffairsWatchnot located in the transcript — opens the full streamFull Committee Work Session; ==RECESSED== Executive Session
  • Mar 3, 2026Public hearingHouse Commerce and Consumer Affairs4:31:06–4:32:311m 25slocated in the stream transcriptCommittee Report: Ought to Pass with Amendment # 2026-0986h; Full Committee Work Session; ==CONTINUED== Executive Session
  • Mar 11, 2026Floor debateHouse floorWatchnot located in the transcript — opens the full streamOught to Pass with Amendment 2026-0986h — adopted, voice vote; Amendment # 2026-0986h — adopted, voice vote
  • Apr 7, 2026Public hearingSenate Commerce1:52:48–1:54:401m 52slocated in the stream transcriptHearing
  • May 7, 2026Floor debateSenate floorWatchnot located in the transcript — opens the full streamCommittee Report: Inexpedient to Legislate; Inexpedient to Legislate — adopted, voice vote

Timestamps locate where this bill is taken up in the chamber's YouTube stream.

Legislative history

  1. Jan 7, 2026HouseIntroduced 01/07/2026 and referred to Commerce and Consumer Affairs HJ 1 P. 19
  2. Feb 17, 2026HousePublic Hearing: 02/17/2026 01:45 pm GP 159
  3. Feb 18, 2026HouseFull Committee Work Session: 02/18/2026 10:00 am GP 229
  4. Feb 18, 2026House==RECESSED== Executive Session: 02/18/2026 01:00 pm GP 229
  5. Mar 3, 2026HouseFull Committee Work Session: 03/03/2026 10:00 am GP 229
  6. Mar 3, 2026House==CONTINUED== Executive Session: 03/03/2026 01:00 pm GP 229
  7. Mar 3, 2026House: Ought to Pass with Amendment # 2026-0986h 03/03/2026 (Vote 14-0; CC) HC 10 P. 7
  8. Mar 11, 2026HouseAmendment # 2026-0986h: AA VV 03/11/2026 HJ 7 P. 11
  9. Mar 11, 2026HouseOught to Pass with Amendment 2026-0986h: MA VV 03/11/2026 HJ 7 P. 11
  10. Mar 12, 2026SenIntroduced 03/12/2026 and Referred to Commerce; SJ 7
  11. Apr 7, 2026SenHearing: 04/07/2026, Room 100, SH, 10:25 am; SC 13
  12. May 7, 2026Sen: Inexpedient to Legislate, 05/07/2026, Vote 4-1, CC; SC 17
  13. May 7, 2026SenInexpedient to Legislate, MA, VV === BILL KILLED ===; 05/07/2026; SJ 11

Coverage

No reporting linked yet.

Documents (PDF)

Bill text & amendments link direct to gc.nh.gov; committee reports stream from the state record.