Maryland HB 820 (AI in insurance utilization review)

Maryland Health Insurance — Utilization Review — Use of Artificial Intelligence (HB 820)
Maryland · 2025 Md. Laws ch. 747 (HB 820); Md. Code, Ins. 15-10A-06, 15-10B-05.1

Status
In effect
Took effect
October 1, 2025
Applies to
Health insurance carriers, pharmacy benefits managers, and private review agents conducting utilization review in Maryland.
Enforced by
Maryland Insurance Administration / Maryland Insurance Commissioner.

When a Maryland carrier, pharmacy benefits manager, or private review agent uses artificial intelligence or an algorithm in utilization review, the tool's determinations must be based on the individual patient's clinical history, not solely on a group dataset. The AI may not replace the role of the reviewing provider, must not result in unfair discrimination, must remain open to audit, and may not deny, delay, or modify care in a way that harms enrollees. Carriers must report to the Insurance Commissioner quarterly on adverse decisions, including whether AI was used.

Who is protected: Enrollees and patients of Maryland health plans subject to utilization review.

Legal detail

2025 Md. Laws ch. 747 (HB 820) amends Md. Code, Ins. 15-10A-06 and 15-10B-05.1 to govern AI in utilization review (individualized clinical basis, no sole reliance on group data, no provider replacement, no unfair discrimination, audit access) and to require quarterly carrier reporting of adverse decisions and AI use.

Key facts

JurisdictionMaryland
LevelState
StrengthModerate
EnactedMay 20, 2025
Citation2025 Md. Laws ch. 747 (HB 820); Md. Code, Ins. 15-10A-06, 15-10B-05.1
Private right of actionNo, agency enforcement only
PenaltiesEnforced through the Maryland Insurance Commissioner's existing authority over carriers and private review agents; no new standalone penalty.
Topicshealthcare AI · insurance AI · automated decision-making
Bill textMaryland General Assembly — HB 820 (2025), Chapter 747

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