E2SSB 5395, Chapter 157, Laws of 2026, addresses transparency and accountability in prior authorization determinations, including the use of artificial intelligence when medical necessity is involved. Washington is establishing clearer requirements for human clinical judgment, transparency, and accountability when AI is used in prior authorization decisions involving medical necessity.
- Human clinical judgment
- Only a licensed physician or licensed health professional acting within their scope of practice may deny a prior authorization request based on medical necessity.
- Individual circumstances
- That clinician must evaluate the specific clinical issues involved and consider the requesting provider's recommendation, the enrollee's medical and clinical history, and the individual's clinical circumstances.
- AI cannot decide alone
- Artificial intelligence cannot be the sole means used to deny, delay, or modify healthcare services. Algorithms may process and approve requests, but not deny care on medical necessity without human review.
When AI is used for prior authorization functions involving medical necessity, the carrier must ensure the technology considers applicable individual clinical information and does not base its determination solely on a group dataset. AI criteria and guidelines must comply with applicable state and federal law, may not discriminate against an enrollee, and must be fairly and equitably applied. Policies and procedures governing AI use must be open to audit by the Washington Office of the Insurance Commissioner, carriers must periodically review AI performance, use, and outcomes, and patient data may not be used beyond its intended and stated purpose. These requirements also reach contracted entities performing applicable prior authorization functions.
The law also strengthens transparency around prior authorization determinations and restricts certain retrospective denials of previously authorized care. Prior authorization standards under RCW 48.43.830 take effect January 1, 2027.
Reporting expands beginning October 1, 2026
- Total prior authorization requests
- Approvals and denials
- Determinations made by the carrier and by health care benefit managers, reported separately
- The percentage of denials aided by AI tools
- The percentage of determinations made outside required turnaround times
- Certain electronic versus nonelectronic request information
Washington itself is seeking greater visibility into how prior authorization decisions are being made. Providers should develop their own visibility into the payor behavior affecting their organizations. Unlock does not determine whether any payor is legally compliant.