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Bill

SD 268

An Act relative to the use of artificial intelligence and other software tools in healthcare decision-making

194th Legislature (2025-2026) Introduced by Jamie Eldridge and 1 co-sponsor

Massachusetts bill requiring oversight, transparency standards, and accountability measures for AI use in healthcare decision-making to protect patient safety and prevent algorithmic bias.

Referred to the committee on Advanced Information Technology, the Internet and Cybersecurity
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Bill Summary · SD 268

Legislative bill overview

SD 268 establishes regulatory frameworks and requirements for the use of artificial intelligence and software tools in healthcare decision-making within Massachusetts. The bill addresses oversight, transparency, and accountability mechanisms for AI systems that influence clinical decisions, treatment recommendations, and patient care outcomes.

Why is this important

As healthcare increasingly relies on AI for diagnostics, treatment planning, and resource allocation, this bill addresses critical gaps in oversight that could affect patient safety and equity. Without clear standards, AI systems may perpetuate bias, make opaque recommendations, or fail to meet evidence-based standards—directly impacting healthcare quality and patient trust.

Potential points of contention

  • Implementation burden: Healthcare providers may argue that compliance costs and administrative requirements could strain smaller facilities and increase healthcare expenses
  • Innovation vs. regulation: The tech and healthcare sectors may contend that strict requirements could slow AI development and deployment of beneficial tools
  • Liability and responsibility: Unclear whether liability falls on developers, healthcare institutions, or practitioners when AI recommendations lead to adverse outcomes, creating potential legal disputes
  • Data privacy concerns: Requirements for AI transparency and auditing may necessitate sharing patient data or proprietary algorithms, raising confidentiality and trade secret issues
  • Scope ambiguity: Potential disagreement over which tools qualify as "AI" requiring regulation versus standard clinical software, creating inconsistent compliance

Compiled from official sources — confirm details with the bill’s official record.

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