Reed Smith Client Alerts

Key takeaways

  • Organizations deploying and developing AI in Texas and Utah health care settings may need to clearly disclose AI is used
  • Organizations may be required to implement additional safeguards to prevent algorithmic discrimination in AI systems used for health care purposes
  • Risk mitigation includes recordkeeping to demonstrate AI quality is being monitored for quality purposes

States are continuing to accelerate the regulation of AI in consumer health care, with Texas and Utah leading the way. This client alert provides an overview of the latest developments in Texas and Utah, with a focus on the unique requirements for health care entities that develop and deploy AI.

The Texas Responsible Artificial Intelligence Act

Texas is the latest state to pass AI legislation (H.B. No. 149) with the Texas Responsible Artificial Intelligence Governance Act (TRAIGA), set to take effect on January 1, 2026. TRAIGA applies broadly to businesses operating in Texas, providing products or services to Texas residents or developing or deploying AI systems in the state – including those used in health care, but it is not breaking new ground with its limited requirements.