1. Pennsylvania Consumer Data Privacy Act – In following the national trend, in 2023, lawmakers proposed a data privacy law that would allow Pennsylvanians to opt out of having their personal data subject to certain data processes activities. While the bill's likelihood of passage into law is uncertain, the proposed legislation emphasizes the country-wide movement towards state-level consumer data protections. Pennsylvania House Bill 1201 also proposes codifying the consumer right to (1) confirm whether a business is processing or accessing their data; (2) access a copy of their personal data, and (3) correct inaccuracies in their personal data. Should HB 1201 pass, it is anticipated to have a sizable effect on the health care industry, especially health information organizations, as it creates numerous new patient rights. There are several types of data that are currently exempt from the scope of HB 1201, including protected health information as defined by HIPAA. Notably, HB 1201 lacks a private right to action, meaning only the Pennsylvania Attorney General's Office could enforce this law – and 2023 saw such increased enforcement by the office against potential consumer privacy violations. It is expected that 2024 likely will see a continued trend of governmental scrutiny on data privacy.

  2. Artificial Intelligence in Health Insurance – In 2023, Pennsylvania lawmakers introduced House Bill 1663, which would require health insurance companies to disclose when artificial intelligence and machine learning (AI/ML) algorithms are used in the process of claim evaluations. Similar to the consumer data privacy law discussed above, this bill's survival and passage remain unclear, but, demonstrate a state-level focus on transparency on the use of AI in health care. Regulated insurers would be required to disclose whether the organization uses or plans to use AI/ML in the claims evaluations process. AI Regulated organizations would also be required to submit AI/ML algorithms and datasets used in the utilization review process to Pennsylvania's Department of Insurance for evaluation of biases and ethical concerns in the datasets. Any violations of this law would be deemed unfair deceptive acts or unfair methods of competition in violation of state law. Although there is no private cause of action, consumers can file complaints with the Pennsylvania Insurance Department. An increased focus on the ethics of AI/ML use in health care operations – including insurance and website optimization – is likely to occur in 2024.

  3. Increased Attorney General Activity – In light of the proposed data privacy legislation and AI/ML disclosure law, 2024 will likely bring with it continued action by the Pennsylvania Attorney General's Office to address issues related to data mining and data tracking on health care entity websites. The proposed laws discussed above indicate a heightened governmental enforcement focus on the ethical use of AI/ML and the transparency of use of consumer data.

  4. Pennsylvania Payor Updates – Gov. Josh Shapiro's administration has announced new 2024 individual health insurance rates, which are intended to expand access, through, for example, the availability of new stand-alone plans for purchase. It's expected that 2024 likely will see an increased focus on health care accessibility for Medicaid-eligible populations.

  5. Mental Health, Behavioral Health, and Substance-Use Disorders (SUDs) Services – There has been an increased focus on mental health, behavioral health, and SUD treatment, with an emphasis on providing access to these services to adolescents and in school settings. On Dec. 19, 2023, Pennsylvania launched its Behavioral Health Council to help state officials address any gaps in access, affordability, and access to care for behavioral health and SUDs. Pennsylvania also passed a major bipartisan law that, in part, funds student mental health programs in Pennsylvania. The law has allocated $100 million solely to promoting adolescent-focused school mental health programs to better address adolescent mental health, behavioral health, and SUD concerns. In 2024, the trend of increasing governmental focus on and support for behavioral health programs and initiatives likely will continue, especially those targeting adolescents and other disadvantaged communities.

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