SB 1120 (CA Physicians Make Decisions Act)
California SB 1120: Physicians Make Decisions Act — No AI-Only Healthcare Denials
California · Cal. Health & Safety Code § 1367.01; Cal. Ins. Code § 10123.135 (SB 1120, Stats. 2024, ch. 879)
- Status
- In effect
- Took effect
- January 1, 2025
- Applies to
- Health care service plans and disability insurers (and specialized plans and specialized health insurers) operating in California that use AI in utilization review
- Enforced by
- California Department of Managed Health Care (DMHC); California Department of Insurance (CDI)
California was the first U.S. state to directly prohibit health insurance plans from using AI to deny, delay, or modify care. Under SB 1120, when a plan uses AI or algorithms in utilization review, a licensed physician or other qualified clinician — not an AI system — must make every medical-necessity determination. AI tools can assist in data analysis, but the final coverage decision must come from a licensed human. Insurers must disclose AI use and make their algorithms available for regulatory audits. Signed September 28, 2024; effective January 1, 2025.
Who is protected: California health insurance enrollees and patients subject to utilization review and prior-authorization decisions
Legal detail
SB 1120 (Becker; 2023–2024 Reg. Sess.; Ch. 879, Stats. 2024; approved and chaptered Sept. 28, 2024; non-urgency, operative Jan. 1, 2025) amends Cal. Health & Safety Code § 1367.01 and Cal. Ins. Code § 10123.135. Health care service plans and disability insurers that use an AI, algorithm or other software tool for utilization review must ensure the tool bases determinations on the enrollee's medical or other clinical history and individual clinical circumstances, does not base its determination solely on a group dataset, does not supplant health care provider decision-making, does not discriminate, is fairly and equitably applied, is open to inspection for audit or compliance reviews by the regulator, is disclosed in written policies and procedures, is periodically reviewed and revised, does not use patient data beyond its intended and stated purpose, and does not directly or indirectly cause harm to the enrollee. The tool shall not deny, delay or modify health care services based on medical necessity — only a licensed physician or competent health care professional may make those determinations. DMHC and CDI administer.
Key facts
| Jurisdiction | California |
|---|---|
| Level | State |
| Strength | Moderate |
| Enacted | September 28, 2024 |
| Citation | Cal. Health & Safety Code § 1367.01; Cal. Ins. Code § 10123.135 (SB 1120, Stats. 2024, ch. 879) |
| Private right of action | No, agency enforcement only |
| Penalties | Administrative penalties under DMHC and CDI enforcement authority for failure to meet UR timeframes or improper AI use |
| Topics | insurance AI · healthcare AI · automated decision-making |
| Bill text | California Legislative Information — SB 1120 (2024), Ch. 879 |
More AI rules in California
- CA EO N-6-26 (AI Workforce) · In effect
- California AB 489 (AI healthcare chatbot misrepresentation ban) · In effect
- X.AI v. Bonta (AB 2013 training-data disclosure) · Blocked / in litigation
- CA SB 1168 — data center grid cost allocation · Enacted (not yet in effect)
- California SB 1119 Adam's Law, companion chatbots (2026) · Enacted (not yet in effect)
- California SB 867 AI chatbot toy moratorium (2026) · Enacted (not yet in effect)
Related insurance AI rules elsewhere
- NYDFS CL 7 (2024) — Insurance AI Anti-Discrimination · In effect
- NAIC AI Evaluation Tool Pilot (12 states, 2026) · Proposed / pending
- AZ HB 2175 (AI Insurance Denial — Physician Review) · In effect
- TX TDI Bulletin B-0003-26 (AI in insurance) · In effect
- Illinois SB 3114 — Transparency in Downcoding Act · Enacted (not yet in effect)
- PA AG — GEICO AI Underwriting Settlement · In effect
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