Forty-three states have introduced over 240 bills regulating artificial intelligence in healthcare in 2026, continuing momentum from 2025 as policymakers focus on emerging concerns around AI chatbots, clinical oversight and payor use of AI. While states focus on establishing guardrails for use and promoting transparency, the federal government is actively promoting AI use in healthcare with a deregulatory posture.
AI Chatbots in Mental Health
States and the federal government appear aligned regarding risks of minors engaging with AI chatbots, both poised to regulate such activity. In the first quarter of 2026, 36 states introduced over 70 bills regulating AI chatbots, with the majority including requirements to disclose to users they are interacting with an AI, not a human. Many bills require chatbot operators to detect mental health crises including self-harm and suicidal ideation, with appropriate responses including referring users to crisis resources or suicide hotlines. Over 37 bills include provisions requiring age verification before accessing chatbots. Two bills with chatbot provisions specific to minors have been signed into law in 2026 to date: Idaho (effective 7/1/2027) and Oregon (effective 1/1/2027).
Federal Framework and Actions
On March 20, 2026, the White House released its AI framework focusing on federal control over AI development and protecting First Amendment rights. Congress has advanced movement toward legislating AI, including Republican members of the House Energy and Commerce Committee advancing a children’s online safety package with the KIDS Act and SAFE BOTs Act. Senator Marsha Blackburn released a discussion draft for the “TRUMP AMERICA AI Act” seeking to codify the executive order.
Clinical AI Use and Other Themes
Over 40 bills across 25 states address AI use in clinical contexts, generally focusing on requiring clinical oversight and patient awareness. Bills often require consent from the patient before using AI tools. Over 25 states introduced over 35 bills regulating payor use of AI for utilization management and prior authorization. In 2026, bills with downcoding provisions were introduced across seven states, with Indiana enacting a law (effective 7/1/2026) prohibiting health insurers from using AI as the sole basis to downcode claims without medical record review.
This article is an AI-assisted summary. All facts and figures are drawn from the original report: https://www.manatt.com/insights/newsletters/health-highlights/manatt-health-health-ai-policy-tracker