The Ban AI Denials in Medicare Act, or H.R. 6361, is a proposed law aimed at preventing the use of artificial intelligence (AI) to deny Medicare services. This bill seeks to ensure that seniors and disabled individuals on traditional Medicare receive the care they need without unnecessary delays caused by automated systems.
What This Bill Does
The Ban AI Denials in Medicare Act proposes to change how prior authorization works in traditional Medicare, which includes Parts A and B. Prior authorization is a process where doctors must get approval before providing certain services to ensure they are necessary. This bill specifically targets the use of AI in this process.
Firstly, the bill prohibits the use of the WISeR Model, which stands for Wasteful and Inappropriate Services Reduction. This model was designed to cut down on unnecessary spending by requiring prior authorization for certain services. The bill stops this model from being used because it relies on AI to make decisions about what services are needed.
Secondly, the bill prevents any future models that would use AI for prior authorization in traditional Medicare. This means that the Secretary of Health and Human Services cannot test or implement any new systems that use AI to decide if a service should be approved for payment under Medicare Parts A and B.
These changes aim to protect patients from having their necessary medical services delayed or denied by AI systems that might not fully understand their individual needs.
Why It Matters
This bill is important because it affects millions of Americans who rely on Medicare for their healthcare. By stopping AI from making decisions about what services are necessary, the bill aims to prevent delays in care that could harm patients, especially those needing urgent medical attention.
Medicare beneficiaries, particularly seniors and people with disabilities, would benefit from this bill. They would face fewer bureaucratic hurdles when accessing medical services, as their doctors would not need to wait for AI approval. This could mean quicker access to treatments like surgeries or cancer therapies.
For healthcare providers, this bill could mean less time spent dealing with administrative tasks related to prior authorization. Doctors and hospitals could focus more on patient care rather than navigating complex AI systems.
Key Facts
- Cost/Budget Impact: No official cost estimates are available, but the bill could increase Medicare costs by blocking potential savings from AI models.
- Timeline for Implementation: If passed, the bill would take effect immediately, stopping the use of AI in prior authorization processes.
- Number of People Affected: Approximately 67 million Medicare beneficiaries could be impacted by changes in how their services are approved.
- Key Dates: The bill was introduced on December 2, 2025, and is currently in committee with no further actions taken.
- Zero Lobbying: Unusually, no corporate lobbying has been reported for or against this bill, despite its potential impact on large healthcare companies.
- Bipartisan Support?: The bill is currently supported only by Democratic sponsors, with no Republican co-sponsors.
- Historical Context: The bill responds to growing concerns about AI in healthcare, particularly following the announcement of the WISeR model in July 2025.
Arguments in Support
- Prevents delays in critical care: Supporters argue that the bill ensures patients receive timely medical treatments without waiting for AI approvals.
- Safeguards against opaque AI decisions: The bill addresses concerns about AI systems making decisions without transparency, which can lead to unexplained denials of necessary care.
- Protects seniors from bureaucratic hurdles: By removing AI from the equation, the bill reduces stress and confusion for Medicare beneficiaries.
- Preserves doctor-patient relationships: Doctors can rely on their clinical judgment rather than AI algorithms, ensuring better patient care.
- Addresses wasteful model flaws: The bill halts the untested WISeR model, which could deny necessary services under the guise of reducing waste.
Arguments in Opposition
- Limits cost-saving innovations: Critics argue that AI can help reduce unnecessary spending in Medicare by identifying wasteful services.
- Stifles AI efficiency: AI can streamline administrative processes, and banning it might prevent future technological advancements that could improve healthcare.
- Overly narrow focus: The bill only targets traditional Medicare, potentially creating inconsistencies with other programs like Medicare Advantage.
- Unnecessary alarmism: Some believe the bill overreacts to potential issues without evidence that AI would solely cause harm.
- Hinders innovation: By blocking AI models, the bill could slow down efforts to modernize and improve healthcare delivery.
