New York A 5216: Relates to Medicaid payments by the county of Niagara and repealing certain provisions related thereto

Bill Text

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A05216 Summary:

BILL NOA05216 

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SAME ASNo Same As

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SPONSORSolages

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COSPNSR

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MLTSPNSR

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Amd §165, St Fin L; amd §292, Exec L

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Requires state units to purchase a product or service that is or contains an algorithmic decision system that adheres to responsible artificial intelligence standards; specifies content included in responsible artificial intelligence standards; requires the commissioner of taxation and finance to adopt certain regulations; alters the definition of unlawful discriminatory practice to include acts performed through algorithmic decision systems.

Go to top A05216 Actions:

BILL NOA05216 

&nbsp

02/12/2025referred to governmental operations

01/07/2026referred to governmental operations

Go to topA05216 Committee&nbspVotes:

Go to topA05216 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05216 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5216

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 12, 2025
 ___________

 Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
 tee on Governmental Operations

 AN ACT to amend the state finance law, in relation to the purchase of
 products that are or contain an algorithmic decision system that
 adheres to responsible artificial intelligence standards; and to amend
 the executive law, in relation to the definition of "unlawful discri-
 minatory practice"

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 165 of the state finance law is amended by adding a
 2 new subdivision 10 to read as follows:
 3 10. Algorithmic decision system purchase. a. As used in this subdivi-
 4 sion:
 5 (i) "algorithmic decision system" means a computational process,
 6 including one derived from machine learning, statistics, or other data
 7 processing or artificial intelligence techniques, that makes a decision,
 8 or facilitates human decision making, in a manner that impacts individ-
 9 uals; and
 10 (ii) "state unit" means the state and any governmental agency or poli-
 11 tical subdivision or public benefit corporation of the state.
 12 b. When purchasing a product or service that is or contains an algo-
 13 rithmic decision system to be used by the state, a state unit shall
 14 purchase a product or service that adheres to responsible artificial
 15 intelligence standards, including:
 16 (i) the avoidance of harm, including the minimization of:
 17 (A) risks of physical or mental injury;
 18 (B) the unjustified deletion or disclosure of information; and
 19 (C) the unwarranted damage to property, reputation, or environment;
 20 (ii) a commitment to transparency, including the full disclosure to
 21 the state unit any algorithmic decision system:
 22 (A) capabilities;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09142-01-5

 A. 5216 2

 1 (B) limitations; and
 2 (C) potential problems;
 3 (iii) giving primacy to fairness, including by taking actions to:
 4 (A) eliminate discrimination;
 5 (B) include equality, tolerance, respect for others, and justice as
 6 algorithmic decision system goals; and
 7 (C) provide an avenue for feedback to redress harms; and
 8 (iv) a comprehensive and thorough evaluation and analysis of the algo-
 9 rithmic decision system's impact and potential risks.
 10 c. The commissioner of taxation and finance shall adopt regulations to
 11 carry out this subdivision.
 12 § 2. Subdivision 4 of section 292 of the executive law, as amended by
 13 section 2 of subpart F of part KK of chapter 57 of the laws of 2018, is
 14 amended to read as follows:
 15 4. The term "unlawful discriminatory practice":
 16 (a) includes only those practices specified in sections two hundred
 17 ninety-six, two hundred ninety-six-a, two hundred ninety-six-c and two
 18 hundred ninety-six-d of this article; and
 19 (b) includes an act prohibited under paragraph (a) of this subdivision
 20 that is performed through an algorithmic decision system, as defined
 21 under subdivision ten of section one hundred sixty-five of the state
 22 finance law.
 23 § 3. This act shall take effect on the first of January next succeed-
 2