Regulatory Assessment

HL-UR-0914 HOLD

TX · health · utilization review · decided 2026-09-11 11:43 UTC · Harborline Health Plan, Inc. (fictional)

On 2026-09-11, ur-auto v2.0 (a third-party system from ClinPath AI (fictional)) produced 'adverse determination' in a TX health utilization review transaction. Inputs included clinical criteria, medical records. No human reviewed the output before it took effect. The outcome was adverse to the consumer; no notice to the consumer is recorded. RegBench applied 5 rule(s) in force on 2026-09-11 and recorded 3 finding(s); the most serious is 'Adverse utilization-review determination without a physician's determination' (critical, L2).

HOLD: 3 finding(s) under rules 2026.10+c4982313, corpus 2026-10-30-9c5dad5a. Recommended hold for the carrier's compliance review before the outcome is communicated; the carrier decides.

Coverage: supported. 4 state-specific and 0 general black-letter rule(s) applied to this TX health utilization review transaction. Only the configured checks were run; a result is not a legal opinion on compliance. 5 of 30 rules applied.

Evidence (carrier asserted). Supplied by the carrier and not verified by RegBench: ai_system.governance_attested, ai_system.model_doc_ref, ai_system.testing_report_ref, inputs.data_source_refs.

Findings (3)

critical L2 black letter hold exhibit C tx.4201.adverse-determination-by-automated-system

Adverse utilization-review determination without a physician's determination

Finding. An adverse determination on a request for health care services was produced by an automated decision system and no physician determination is recorded.

Basis. § 4201.156(a): "A utilization review agent may not use an automated decision system to make, wholly or partly, an adverse determination." Utilization review must be conducted under the direction of a licensed physician (§ 4201.152), and before an adverse determination the provider must have a reasonable opportunity to discuss the treatment plan with a physician (§ 4201.206). The 2025 amendment applies to utilization review for plans delivered, issued or renewed on or after 1 January 2026.

Required action. Hold; route to a physician reviewer; give the provider of record the opportunity to discuss the treatment plan before any adverse determination issues.

Excerpt: tx-ins-4201-156 · state statute (government edict) · in force from 2025-09-01

"(a) A utilization review agent may not use an automated decision system to make, wholly or partly, an adverse determination. (b) The commissioner may audit and inspect at any time a utilization review agent's use of an automated decision system for utilization review. (c) This section does not prohibit the use of an algorithm, artificial intelligence system, or automated decision system for administrative support or fraud-detection functions."

Excerpt: tx-ins-4201-152 · state statute (government edict) · in force from 2007-04-01

"A utilization review agent shall conduct utilization review under the direction of a physician licensed to practice medicine in this state. The physician may not hold a license to practice administrative medicine under Section 155.009, Occupations Code."

Excerpt: tx-ins-4201-206 · state statute (government edict) · in force from 2007-04-01

"(a) Subject to Subsection (b) and the notice requirements of Subchapter G, before an adverse determination is issued by a utilization review agent who questions the medical necessity, the appropriateness, or the experimental or investigational nature of a health care service, the agent shall provide the health care provider who ordered, requested, provided, or is to provide the service a reasonable opportunity to discuss with a physician licensed to practice medicine in this state the patient's treatment plan and the clinical basis for the agent's determination."

Excerpt: tx-ins-4201-002-1c · state statute (government edict) · in force from 2025-09-01

"(1-b) 'Artificial intelligence system' means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. (1-c) 'Automated decision system' means an algorithm, including an algorithm incorporating an artificial intelligence system, that uses data-based analytics to make, suggest, or recommend certain determinations, decisions, judgments, or conclusions."

high L4 guidance flag exhibit B, C tx.tdi.consequential-decision-without-human-review

Consequential AI-supported decision taken without a person reviewing and agreeing

Finding. An AI system in a high-risk class produced an outcome adverse to the consumer, and no person is recorded as having reviewed and agreed with the decision before action was taken.

Basis. Commissioner's Bulletin B-0003-26 (12 June 2026) states that for consequential decisions "TDI expects a person to review and agree with all decisions before action is taken", that decisions must not be inaccurate, arbitrary, capricious or unfairly discriminatory, and that the expectation extends to third parties working with the regulated entity.

Required action. Route to the responsible reviewer before the outcome takes effect; record the reviewer on the transaction.

Excerpt: tx-tdi-b-0003-26-human-review · regulatory bulletin addressed to all regulated entities and their agents (government edict) · in force from 2026-06-12

"TDI expects a person to review and agree with all decisions before action is taken" on consequential decisions made or supported by AI; decisions must not be "inaccurate, arbitrary, capricious, or unfairly discriminatory"; "These expectations extend to any third party working with a regulated entity." The bulletin cites Insurance Code chapters 541, 542, 544, 560, 751, 401, 831, 4001, 4101 and 4201.

Excerpt: tx-tdi-b-0003-26-governance · regulatory bulletin addressed to all regulated entities and their agents (government edict) · in force from 2026-06-12

"All regulated entities using AI should be able to furnish procedures and protections upon request by TDI." TDI "will monitor the use of AI through examinations and product filings", will investigate consumer complaints about AI, and may inquire into governance frameworks, risk management, data and privacy protections, internal controls and specific uses of AI. Under Insurance Code chapter 4201, utilization review agents may not use AI to make an adverse determination.

medium L6 doctrine advisory flag exhibit B, C doctrine.unreviewed-adverse-high-risk

Adverse outcome from a high-risk AI system with no human review

Finding. A high-risk system produced an adverse outcome that took effect without human review.

Basis. Doctrine: examiners applying the NAIC bulletin's governance and control expectations, and the AI Risk Evaluation Supplement's Exhibit B question on whether there is a human in the loop for direct-consumer-impact uses, ask first about human oversight of adverse automated outcomes; an unreviewed adverse decision is the case file most likely to be sampled.

Required action. Route to the carrier's reviewer; record the review and any override on the transaction.

Excerpt: naic-ai-bulletin-s3-1-ais-program · NAIC model guidance; binding in a state only as adopted (see adoptions register) · in force from 2023-12-04

"all Insurers authorized to do business in this state are expected to develop, implement, and maintain a written program (an 'AIS Program') for the responsible use of AI Systems that make, or support decisions related to regulated insurance practices. The AIS Program should be designed to mitigate the risk of Adverse Consumer Outcomes ... The Department also encourages the development and use of verification and testing methods to identify errors and bias in Predictive Models and AI Systems, as well as the potential for unfair discrimination in the decisions and outcomes resulting from the use of Predictive Models and AI Systems."

Point in time

Law as of
2026-09-11
Rules version
2026.10+c4982313
Corpus snapshot
2026-10-30-9c5dad5a
Engine
regbench-engine/0.5.0 · deterministic-1
Fingerprint
548497b88240674950bee063 (pattern grouping, not an integrity check)
Input digest
6dea12327e60366d8baa7b4eb60a57e23bcf2434a4627931f69bd44723841fa6
Evaluated
2026-10-31 05:42:55 UTC
Exhibit C case file
yes

Ledger

Entry
#6417 · assessment · recorded 2026-09-11T11:46:09+00:00
Hash
fdfd37fafe64b4c6164f3ee56aa08bbfbff3522d43d8fd3c0bc793815eec7db9
Previous
7a7349d7aa91ddf28ba7d3ae4cb1e237c77a41e9a6ad6cd3c4276567025bdfeb
Stored copy intact
yes, hashes match
Assessed input intact
yes, revision 1 matches the input digest

Verify the whole chain Case file JSON

Carrier review

Resolved by physician · outcome remediated · 18.7 hours after it opened · Resolved in the carrier's review queue (synthetic).

Recorded facts revision 1

As asserted by the carrier. References are recorded, not verified: RegBench holds no copy of the documents they name.

AI system
ur-auto v2.0 · third party (ClinPath AI (fictional)) · high-risk class: utilization review
Governance attested
True
Testing report
test://harborline/ur-auto/2026Q2
Model documentation
doc://harborline/ur-auto/2.0
Feature classes
clinical_criteria, medical_records
Protected factors used
none
External data (ECDIS)
False
Consumer report / credit
False / False
Data sources
ehr://harborline/clinical-record
Decision
adverse determination · score 0.779 · codes MN-02
Human review
none
Adverse to consumer
True
Notice
not recorded · reasons: True · specific: True · external data disclosed: False
Appeal channel
–
Consumer token
tok_0a021ff4d3