Bill > SB2281

This bill requires healthcare providers in Hawaii to be transparent and responsible when using artificial intelligence (AI), which is defined as any machine-based system that can infer from input to generate outputs influencing physical or virtual environments, in patient care. Specifically, if an AI system interacts with patients through remote communication, such as phone calls or video chats, the provider must clearly inform the patient they are interacting with AI, providing instructions on how to reach a human healthcare provider. When AI is used to make significant decisions affecting a patient's health, known as "consequential decisions," providers must give patients written notice about the AI's use, its purpose, and the nature of the decision, and offer patients the option to opt out of having their personal health information used for profiling that could lead to significant decisions. After such a decision is made, patients must receive a written explanation detailing the decision, how AI contributed, the data used, and its sources, along with opportunities to correct errors and appeal the decision, unless doing so would harm the patient. Furthermore, healthcare providers must appoint a qualified human to oversee AI systems, review and validate or override AI outputs before they influence consequential decisions, and regularly monitor AI performance for biases and risks, implementing procedures to fix any identified problems and keeping detailed records of these processes. The Department of Health will create specific rules to implement these requirements, with the oversight and monitoring provisions taking effect in July 2028 and the rest of the bill becoming law in January 2050.

Business and Industry, Health and Social Services

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=2281&year=2026