West Virginia: AI health laws

Insurance Bulletin No. 24-06, Artificial Intelligence Systems

Tells insurers that decisions or actions affecting consumers that are made or supported by AI systems must comply with state insurance laws and rules, including those on unfair trade practices, unfair claims settlement practices and unfair discrimination, and sets expectations for a written AI systems program covering governance, risk management and internal controls, and third-party AI systems and data.

Physician read. It places no duty on physicians. Since Aug. 9, 2024, the Insurance Commissioner has told insurers, health insurers among them, that claim and other decisions made or supported by AI must meet state insurance law, such as the unfair claims settlement practice laws, and that each insurer can expect to be asked about its development and use of AI systems whether or not it has a written AI program.

Applies to: All insurers authorized to do business in West Virginia and regulated by the Offices of the Insurance Commissioner, including health insurers

Notes: West Virginia's version of the NAIC Model Bulletin; the NAIC's adoption map lists it as adopted Aug. 9, 2024. Signed by Insurance Commissioner Allan L. McVey. It cites categories of law rather than specific Code sections. The bulletin states no separate effective date; the issue date is used.