Artificial Intelligence (AI) continues to be a top emerging policy priority among state and federal policymakers. In 2023, nearly 200 bills were introduced across the country tackling AI governance. This year, more than 40 states are considering AI-related legislation, including AHPA states like California, Florida, Colorado, and Georgia. Keep reading for more details on state actions, as well as highlights from the evolving policy conversation surrounding AI.

The 2023-24 legislative season has seen an increasing number of federal and state bills on artificial intelligence. These bills seek to regulate the use of AI and create guardrails for its safe use. Much of the conversation has centered around President Biden’s Executive Order on AI governance issued in October 2023, which has prompted some state legislatures to take similar measures.

 Last year, 31 states introduced approximately 191 AI-related bills, with 14 of those enacted into law. Texas’ House Bill 2060 established an AI advisory council that is tasked with overseeing AI systems used by government entities, in addition to providing guidance on policies concerning data privacy and the prevention of algorithmic discrimination. The states of California, Connecticut, Vermont, and Louisiana all passed legislation relating to unsafe or ineffective AI systems. The most successful bills from 2023 were related to government’s AI use, including law enforcement, and task forces/committees.

Recently, the most common policy approach taken by states is establishing taskforces dedicated to examining how AI is used across disciplines. Already this year, at least 40 states have introduced AI bills, with six states fully adopting resolutions and legislation. In Georgia, a House bill would ban the use of AI in making health care decisions. In Florida, lawmakers passed Senate Bill 7018, which would create a Health Care Innovation Council that will discuss innovations in technology, including AI. In California, the Safe and Secure Innovation for Frontier Artificial Intelligence Systems Act would regulate the development and use of advanced AI systems and require developers to report to the state on testing protocols and safety measures. Hawaii followed the same approach, with Senate Bill 2572 establishing the Office of Artificial Intelligence Safety and Regulation to regulate the development and use of AI. Hawaii’s bill goes one step further, prohibiting the deployment of AI products in the state unless proof establishing the product’s safety is submitted to the Office.

Another set of bills introduced this year would establish a Bill of Rights on AI. Examples of these bills can be found in New York and Oklahoma. Under these bills, state residents would have certain rights, such as the right to know when an automated system is being used, the right to opt out of an automated system, and the right to “work with a human” in the place of an automated system.

While the federal government will continue to explore legislation related to the use of AI, we expect more rapid action from state legislatures to regulate its use.

AHPA extends our gratitude to Kevin Lopez, guest author of this article.
Kevin is a graduate student in the Master of Healthcare Administration program at Loma Linda University.