Washington SB 5395 (limits AI in health-insurance prior-auth denials)

Washington Engrossed Second Substitute Senate Bill 5395 — Transparency and Accountability in Prior Authorization Determinations
Washington · Engrossed Second Substitute S.B. 5395, 2025-26 Reg. Sess. (Wash.)

Status
In effect
Took effect
June 11, 2026
Applies to
Health carriers and health care benefit managers operating in Washington.
Enforced by
Washington Office of the Insurance Commissioner.

Washington bars health carriers from using AI to deny, delay, or modify health care services on its own; a denial based on medical necessity must be made by a licensed health professional. Where AI is used in prior authorization, it must be applied fairly, comply with anti-discrimination law, and base determinations on the individual enrollee's medical history, clinical circumstances, and relevant demographic data rather than broad group data. AI tools must be reviewed for accuracy, AI policies are subject to audit by the Insurance Commissioner, and carriers must report the share of denials aided by AI.

Who is protected: Enrollees and patients covered by Washington-regulated health carriers and benefit managers.

Legal detail

Engrossed Second Substitute SB 5395 (2025-26) amends Washington's insurance prior-authorization statutes to prohibit AI from being the sole basis for denying/delaying/modifying covered services, to require licensed-professional review of medical-necessity denials, and to impose equity, individualized-basis, accuracy-review, audit, and reporting requirements.

Key facts

JurisdictionWashington
LevelState
StrengthLimited
EnactedMarch 23, 2026
CitationEngrossed Second Substitute S.B. 5395, 2025-26 Reg. Sess. (Wash.)
PenaltiesSubject to the existing enforcement and penalty provisions of Washington's insurance code as amended; no new standalone penalty.
Topicshealthcare AI · insurance AI · automated decision-making
Bill textFinal Bill Report, Engrossed Second Substitute Senate Bill 5395 (Washington Legislature)

More AI rules in Washington

Related healthcare AI rules elsewhere

See something wrong or out of date? Submit a correction. Every entry must carry a verifiable source.