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FL S0794

FL S0794
Mandatory Human Reviews of Insurance Claim Denials


summary

Introduced
02/18/2025
In Committee
02/28/2025
Crossed Over
Passed
Dead
06/16/2025

Introduced Session

2025 Regular Session

Bill Summary

An act relating to mandatory human reviews of insurance claim denials; creating s. 627.4263, F.S.; defining terms; requiring that insurers’ decisions to deny claims or any portion of a claim be made by qualified human professionals; specifying the duties of qualified human professionals; requiring an insurer to maintain certain records; prohibiting using algorithms, artificial intelligence, or machine learning systems as the sole basis for determining whether to adjust or deny a claim; requiring insurers to include certain information in denial communications to claimants; requiring that certain insurers detail certain information in their claims handling manual; authorizing the Office of Insurance Regulation to conduct market conduct examinations and investigations under certain circumstances; authorizing the Financial Services Commission to adopt rules; providing an effective date.

AI Summary

This bill establishes new requirements for insurance claim denials in Florida, focusing on ensuring human oversight in the claims process. The legislation defines key terms like algorithms, artificial intelligence systems, and machine learning systems, and mandates that qualified human professionals must make all decisions to deny claims or portions of claims. These professionals are required to independently analyze claim facts, review the accuracy of any technological outputs, and conduct reviews of previous claim decisions. Insurers must maintain detailed records of these decisions, including the name of the professional making the decision, the date and time, and documentation supporting the denial. The bill explicitly prohibits using algorithms, AI, or machine learning systems as the sole basis for claim denials. When communicating claim denials, insurers must identify the specific human professional responsible and affirm that no automated system was the sole decision-maker. Insurers using such technological systems in their claims process must document their usage in their claims handling manual. The Office of Insurance Regulation is authorized to conduct market conduct examinations to verify compliance, and the Financial Services Commission can adopt rules to implement these requirements. The law is set to take effect on January 1, 2026.

Committee Categories

Budget and Finance

Sponsors (1)

Other Sponsors (1)

Banking and Insurance (Senate)

Last Action

Died in Appropriations Committee on Agriculture, Environment, and General Government (on 06/16/2025)

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