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Insurance subcommittee advances bill to bar AI-only denials, department seeks to codify guidance

House Insurance Subcommittee · March 3, 2026
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Summary

The House Insurance Subcommittee moved HB1406 forward after adopting an amendment that clarifies carriers must document AI use and that final adverse determinations be made by humans; the New Hampshire Insurance Department said the change largely codifies its existing AI bulletin.

The House Insurance Subcommittee advanced HB1406 on a subcommittee vote after adopting amendment 2026-O986H, which would make explicit that insurers using artificial intelligence must maintain records, oversee third-party AI, and ensure any final adverse determination is issued by a person, not an algorithm.

The amendment grew out of work between the bill sponsor and Michelle Heaton of the New Hampshire Insurance Department, who told the panel the department already enforces an AI bulletin and is incorporating many of those principles into rulemaking. "Any final…

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