Hawaii: AI health laws
2 entries on the map: 2 in force.
Payer and utilization review AI
Insurers', benefit managers' and utilization reviewers' use of AI, including prior authorization and claim denials.
Commissioner's Memorandum 2025-13A, The Use of Artificial Intelligence Systems in Insurance
Expects insurers' decisions made or supported by AI systems to comply with Hawaii insurance law, including unfair trade practice and unfair discrimination provisions, and expects a written AI systems program covering governance, risk management and controls, and oversight of third-party vendors, with AI system inventories, model documentation, validation reports and audit materials available in examinations.
Physician read. It places no duty on physicians. Since Dec. 10, 2025, insurers authorized in Hawaii have been expected to govern, test and document the AI systems they use in decisions that affect consumers.
Notes: Signed by Insurance Commissioner Scott K. Saiki. The memorandum does not call itself an adoption of the NAIC model bulletin, but it follows the model's structure, recognizes the NAIC's 2020 AI principles, and the NAIC's Aug. 31, 2026 map lists it as Hawaii's adoption. It cites provisions of HRS chapter 431 on unfair practices, corporate governance, rates and market conduct and does not mention health plans, mutual benefit societies or health maintenance organizations specifically.
Patient disclosure of AI use
Telling patients that AI is used in their care or in messages to them.
Also relevant here: SB 3001, Artificial Intelligence Disclosure and Safety Act (under clinical decision and chatbot limits).
Clinical decision and chatbot limits
Limits on AI in clinical decisions and on health chatbots, including AI presenting itself as a licensed professional.
SB 3001, Artificial Intelligence Disclosure and Safety Act
Requires operators of AI companions to disclose that the companion is AI when a reasonable person would be led to believe it is human, to adopt protocols using evidence-based methods that respond to suicidal ideation and self-harm with reasonable efforts to refer users to crisis services, and to apply added protections for minors, bars them from causing or programming an AI companion to represent that it is designed to provide professional mental or behavioral health care, and requires annual reports to the Department of Health's Behavioral Health Administration beginning Jan. 1, 2028.
Physician read. It places no duty on physicians. Since July 14, 2026, operators may not cause AI companions offered in Hawaii to represent that they are designed to provide professional mental or behavioral health care and must have protocols that make reasonable efforts to refer users who raise suicidal ideation or self-harm to crisis services; a violation is an unfair or deceptive act or practice under HRS 480-2, and the act creates no private right of action.
Notes: Act 248 (2026), adding a section to chapter 481B, Hawaii Revised Statutes. Status and dates are from LegiScan: the bill was enrolled to the governor May 8, 2026, and its last action reads 'Act 248, on 07/14/2026 (Gov. Msg. No. 1350).' Section 7 of the CD1 text says the act takes effect upon its approval, so July 14, 2026 is used for both approval and effect. An AI companion is a system designed to simulate a sustained human or human-like relationship by retaining prior interactions, asking unprompted emotion-based questions and sustaining dialogue on personal matters. Minors' protections apply when the operator has actual knowledge or reasonable certainty that a user is under 18. Developers of underlying AI models are not liable for violations by third-party systems.
Mental health AI
AI in therapy and mental health care.
Also relevant here: SB 3001, Artificial Intelligence Disclosure and Safety Act (under clinical decision and chatbot limits).
Data and privacy
Health and consumer data, biometrics, and data used to train AI.
Nothing in this category was found in the review of Sept 29, 2026.
Federal law also applies in every state: see federal law and policy.
Most recently checked Sept 29, 2026. General information, not legal advice. How the map works, and the data.