The recently enacted 2025 Reconciliation law in its initial iteration had within it a 10 year moratorium on state regulation of artificial intelligence (AI). The provision was stripped out of the final law by an amendment proposed by Senator Marsha Blackburn (R. TN) who, at the time of the debate, decried the inability of the Federal government to pass regulation of artificial intelligence and acknowledged that states have taken the lead in this space.

Two states that have recently made an effort to regulate AI are Utah and Texas. In a client alert last week, Wendell J. Bartnik and Vanessa A. Perumal detailed the recent laws from these states and what they mean for the use of AI in the health care space. The alert, entitled “Do users know your health AI chatbot is AI?” digs into the requirements of those states’ laws with regard to the use of AI in health care.

Reed Smith will continue to track developments in the state regulation of AI. If you have any questions, please do not hesitate to reach out to Wendell or Vanessa or to your health care lawyers at Reed Smith.