Illinois: AI health lawsYour state
10 entries on the map: 5 in force, 2 enacted and not yet in force (main duties begin Jan. 1, 2027, and Jan. 1, 2028) and 3 bills in the legislature.
Illinois' rules bind payors, therapists and biometric data collectors; a genetic privacy amendment reaches physicians.
Full overview and dates aheadHide full overview
Since Jan. 1, 2025, HB 2472 has required a clinical peer to make adverse medical necessity determinations when plans use algorithms; a March 2024 bulletin expects insurers to govern AI. From Jan. 1, 2028, SB 3114 requires a natural person to make or review downcodes and bars automated tools bypassing the billing professional's documentation. HB 1806 has barred offering AI therapy to the public since Aug. 1, 2025, and limits licensed therapists, not physicians, to administrative and supplementary AI. From Jan. 1, 2027, SB 2886 requires physicians in a health information exchange to disclose it and offer an opt-out at a patient's first genetic or biomarker test. The Biometric Information Privacy Act excludes patient data captured in health care, but a practice collecting employees' fingerprints needs written notice, a written release and retention policy. Passed by one chamber, pending: HB 35 on AI denials, SB 316 on AI companions and SB 340 on privacy.
Dates ahead
- Jan. 1, 2027SB 2886, Genetic Info Privacy-Biomarker (Public Act 104-0642)Data and privacy
- Jan. 1, 2028SB 3114, Transparency in Downcoding Act (Public Act 104-0568)Payer and utilization review AI
Payer and utilization review AI
Company Bulletin 2024-08, The Use of Artificial Intelligence Systems in Insurance
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HB 2472, Ins-Adverse Determination (Public Act 103-0656)
SB 3114, Transparency in Downcoding Act (Public Act 104-0568)
HB 35, Artificial Intelligence Systems Use in Health Insurance Act
Patient disclosure of AI use
Also relevant here: HB 1806, Wellness and Oversight for Psychological Resources Act (Public Act 104-0054) (under mental health AI); HB 35, Artificial Intelligence Systems Use in Health Insurance Act (under payer and utilization review AI); SB 316, Artificial Intelligence Companion Model Safety Act (under clinical decision and chatbot limits).
Clinical decision and chatbot limits
SB 316, Artificial Intelligence Companion Model Safety Act
Also relevant here: HB 1806, Wellness and Oversight for Psychological Resources Act (Public Act 104-0054) (under mental health AI).
Mental health AI
HB 1806, Wellness and Oversight for Psychological Resources Act (Public Act 104-0054)
Also relevant here: SB 316, Artificial Intelligence Companion Model Safety Act (under clinical decision and chatbot limits).
Data and privacy
Biometric Information Privacy Act, 740 ILCS 14 (Public Act 95-994)
SB 2979, BIPA-Procedure-Damages (Public Act 103-0769)
SB 2886, Genetic Info Privacy-Biomarker (Public Act 104-0642)
SB 340, Illinois Consumer Data Privacy Act
What applies to me in Illinois: physician, practice owner, hospital.
Federal law also applies in every state: see federal law and policy.
Calendar of dates laws take effect (Illinois): subscribe or download the .ics file.
General information, not legal advice. The whole map is available as data at /law-map/laws.json.