Regulation — model law wave

NCOIL AI Systems in Insurance Model Act — the next state-legislation wave

The National Council of Insurance Legislators adopted its AI Systems in Insurance Model Act in 2025. Where the NAIC Bulletin is a supervisory expectation, an NCOIL model act is model text state legislatures actually enact. Several states are already carrying enabling bills.

What the model act actually says

"An insurer that uses an AI system in an insurance practice shall establish, implement, and maintain a written AI systems program that addresses governance, risk management, and internal controls …" NCOIL AI Systems in Insurance Model Act, Section 4 (adopted 2025) — program mandate
"The insurer shall conduct testing, on a periodic basis, of AI systems used in insurance practices to assess the potential for unfair discrimination or bias … and shall address any such outcomes identified through the testing." NCOIL AI Systems Model Act, Section 5 — testing + remediation
"The Commissioner may examine an insurer's AI systems program to determine compliance with this Act … The insurer shall make available to the Commissioner all records, documentation, and other information necessary for the examination." NCOIL AI Systems Model Act, Section 7 — examination authority

What this means in plain English

The model act pulls the NAIC Bulletin's supervisory expectations into hard state law:

  1. Written AI program. Statutorily required, not just supervisorily expected.
  2. Periodic testing for unfair discrimination or bias. Explicit cadence + remediation.
  3. Commissioner examination authority. The state DOI can inspect the AI program the same way it inspects rate filings.

Because it is model text, the language will show up nearly identically in whichever state enacts. That is the point of a model act.

What triggers the exposure in the sample

I3 group decline / refer-SIU rate rose 11% to 62% silently over 60+ days. Once the NCOIL model act is enacted in any state the carrier writes in, three separate examination items are now live: is there a written AI program? has periodic testing been done? are the results + remediation documented? The carrier's answer needs to be "yes, here" — not "we're working on it."

What the $499 Snapshot shows against this rule

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How does this help me?

The window between an NCOIL model act adoption and its first-state enactment is where the discipline gets built. After enactment, discipline-building happens under an exam-defensibility clock.

Read: NCOIL model act -- getting ahead of the state-enactment wave →

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