Pennsylvania SB 1113: An Act amending Titles 35 (Health and Safety) and 40 (Insurance) of the Pennsylvania Consolidated Statutes, providing for artificial intelligence in facilities, for artificial intelligence use by insurers and for artificial intelligence use by MA or CHIP managed care plans; imposing duties on the Department of Health, the Insurance Department and the Department of Human Services; and imposing penalties.

Bill Text

PRINTER'S NO. 1376
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1113
Session of
2026
INTRODUCED BY PISCIOTTANO, COLLETT, HAYWOOD, FONTANA, HUGHES,
TARTAGLIONE, COSTA, VOGEL, SANTARSIERO AND CAPPELLETTI,
JANUARY 9, 2026
REFERRED TO INSTITUTIONAL SUSTAINABILITY AND INNOVATION,
JANUARY 9, 2026
AN ACT
Amending Titles 35 (Health and Safety) and 40 (Insurance) of the
Pennsylvania Consolidated Statutes, providing for artificial
intelligence in facilities, for artificial intelligence use
by insurers and for artificial intelligence use by MA or CHIP
managed care plans; imposing duties on the Department of
Health, the Insurance Department and the Department of Human
Services; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 35
ARTIFICIAL INTELLIGENCE IN FACILITIES
Sec.
3501. Definitions.
3502. Disclosure.
3503. Responsible use.
3504. Artificial intelligence compliance statements.
3505. Reports.
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3506. Retention of records.
3507. Oversight.
3508. Third-party vendor.
3509. Exemption.
3510. Enforcement and penalties.
3511. Plan of correction.
3512. Administrative procedures.
3513. Regulations and guidance.
§ 3501. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Artificial intelligence" or "AI." A machine-based system
that can, for a given set of human-defined objectives, make
predictions, recommendations or decisions influencing real or
virtual environments that use machine-based and human-based
inputs to perceive real and virtual environments, abstract the
perceptions into models through analysis in an automated manner
and use model inference to formulate options for information or
action. The term includes generative artificial intelligence
which is the class of models that emulate the structure and
characteristics of input data in order to generate derived
synthetic content which includes information such as images,
videos, audio clips and text that has been significantly
modified or generated by algorithms, including by artificial
intelligence.
"Artificial-intelligence-based algorithms." The programming
and data sets that inform an artificial intelligence system.
"Clinical decision making." A patient-centered problem-
solving process focused on a health care provider's direct
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patient care involving gathering information, diagnosing and
planning treatments.
"Department." The Department of Health of the Commonwealth.
"Facility." A health care setting or institution providing
health care services, including:
(1) A general, special, psychiatric or rehabilitation
hospital.
(2) An ambulatory surgical facility.
(3) A cancer treatment center.
(4) A birth center.
(5) An inpatient, outpatient or residential drug and
alcohol treatment facility.
(6) A facility licensed by the Department of Human
Services' Office of Mental Health and Substance Abuse
Services.
(7) A laboratory, imaging, diagnostic or other
outpatient medical service or testing facility.
(8) A health care provider office or clinic that is
owned by or employs a Commonwealth-licensed physician,
physician assistant or nurse practitioner.
"Health care provider." As follows:
(1) A facility or individual who is licensed, certified
or otherwise regulated to provide health care services under
the laws of this Commonwealth.
(2) The term does not include an individual providing
emergency services under a licensed emergency medical
services agency as defined in section 8103 (relating to
definitions).
§ 3502. Disclosure.
(a) Artificial-intelligence-based algorithms.--A facility
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shall disclose to patients of the facility if artificial-
intelligence-based algorithms are or will be used for clinical
decision making or other similar tasks. The disclosure shall be:
(1) Provided in all related written communications.
(2) Posted on the publicly accessible Internet website
of the facility.
(b) Communications.--
(1) A facility that uses artificial intelligence to
generate written or verbal patient communications pertaining
to patient clinical information shall include:
(i) A clear and conspicuous disclaimer that
indicates that the communication was generated by
artificial intelligence.
(ii) Clear instructions on how the patient may
contact a human health care provider or relevant employee
of the facility with questions.
(2) The requirements under paragraph (1) shall not apply
to communications that:
(i) only pertain to administrative matters,
including appointment scheduling, billing or other
clerical or business matters; or
(ii) hav