There is a proposed 10-year moratorium on the enforcement of state laws that regulate artificial intelligence (AI) contained in Section 43201(c) of H.R.1 – One Big Beautiful Bill Act. The National Association of Insurance Commissioners (NAIC) recently submitted its response to members of the U.S. Senate (attached at the link), raising various concerns that the moratorium will have unintended consequences, including:
- Section 43201(c)’s overly broad definition of “AI” would apply to analytical tools and software that insurers routinely use for rate setting, underwriting, and claims processing;
- The moratorium would disrupt established processes for regulatory review of models and would undermine existing protections for unfair or discriminatory insurance practices;
- Section 43201(c) would create uncertainty and may weaken the insurance market by impacting business decisions and investments resulting from the uncertainty; and
- The moratorium is likely to be challenged in court as contrary to the McCarren-Ferguson Act.
The NAIC urges the Senate to reject the 10-year moratorium and any attempt to explicitly carve out state regulation of AI as used in the business of insurance. Instead, the NAIC encourages Congress to support the existing collaboration between federal and state regulators and rely on state-based insurance regulation.