AI Healthcare Regulations in Kansas: 2025-2026 Guide

Kansas has no enacted AI-specific healthcare law as of mid-2026. Two bills, SB 467 and SB 405, are active in the 2025-2026 session but remain in committee. Until a specific law passes, existing state and federal rules provide the operative compliance framework.

Quick Answer: Kansas AI Healthcare Law Status

Kansas has no standalone, enacted statute governing artificial intelligence in healthcare as of mid-2026. Regulation relies on existing licensing laws, insurance code requirements, and federal rules.

Two bills in the 2025-2026 session address AI in healthcare:

SB 467 (Kansas Legislature, 2025-2026) would enact the "Use of Artificial Intelligence in Medical Decisions Transparency Act." It would require that medical necessity determinations be made by a licensed healthcare professional and mandate disclosure when AI is used. As of March 25, 2026, it was referred to the Committee on Financial Institutions and Insurance.

SB 405 (Kansas Legislature, 2025-2026) would make it unlawful to knowingly train AI to perform certain functions, including acting as a healthcare professional, providing emotional support, or simulating humans. A hearing was held on February 9, 2026.

Neither bill has been signed into law. Both remain in committee.

Existing laws, such as the Kansas Healing Arts Act (K.S.A. 65-2801 et seq.), create potential liability for AI tools that diagnose or treat patients without physician oversight. Kansas insurance code utilization review rules already require licensed clinician involvement in adverse determinations.

SB 467: The AI Medical Decisions Transparency Act Explained

The full title of SB 467 is "Enacting the use of artificial intelligence in medical decisions transparency act and requiring that all medical necessity determinations be made by a competent licensed physician or healthcare professional" (SB 467, Kansas Legislature, 2025-2026).

Core Physician-Oversight Requirement

The bill's central mandate requires a competent licensed physician or healthcare professional to make all medical necessity determinations. AI cannot be the final decision-maker. For Kansas payers and health systems using AI-driven prior authorization tools, this means every denial flagged by an AI system requires a licensed clinician to review and approve it before issuance.

Transparency and Disclosure Obligations

Based on the bill's title, covered entities would be required to disclose to patients when AI has been used in a clinical or coverage-determination workflow. For specific disclosure language, form, and timing, consult the full bill text via the Kansas Legislature's website or seek guidance from the Kansas Insurance Department.

Who Is Covered

The bill's provisions would likely apply to health insurers, managed care organizations, hospitals, and clinical decision-support vendors operating in Kansas. The existing Kansas insurance utilization review framework under K.S.A. 40-2,155 already requires licensed clinician involvement in adverse determinations. SB 467 would make the AI-specific dimension of that requirement explicit and add a transparency layer.

Enforcement and Penalties

The bill text as introduced includes enforcement mechanisms and penalties. For details on penalty amounts and enforcement procedures, consult the full bill text. The Kansas Insurance Department (https://insurance.ks.gov) can provide guidance on payer-side administration, and the Kansas State Board of Healing Arts (https://www.ksbha.org) can provide information on provider-side enforcement.

Current Status

Referred to the Committee on Financial Institutions and Insurance, with the last action recorded on March 25, 2026 (SB 467, Kansas Legislature, 2025-2026, https://openstates.org/ks/bills/2025-2026/SB467/). No floor vote or further action is recorded in available source material.

SB 405: Prohibitions on AI Trained to Act as a Healthcare Professional

SB 405 (Kansas Legislature, 2025-2026) targets the training and development of certain AI systems.

What the Bill Prohibits

The bill makes it unlawful for a person to knowingly train artificial intelligence to:

• Act as a healthcare professional
• Provide emotional support
• Develop emotional relationships with users
• Simulate humans
• Encourage isolation
• Encourage or support suicide or the unlawful killing of another person

(SB 405, Kansas Legislature, 2025-2026, https://openstates.org/ks/bills/2025-2026/SB405/)

Who Bears Liability

The bill's language targets persons who "knowingly train" AI systems. This suggests primary liability attaches to the developers and trainers of the AI system. Whether deploying providers could also face exposure is a question for legal review. Consult legal counsel familiar with K.S.A. 65-2836 (unlicensed practice of healing arts) and the SB 405 text before deploying any patient-facing AI tool in Kansas.

Prohibited vs. Permissible AI

SB 405's language suggests a distinction between AI that "acts as" a healthcare professional and AI that assists a licensed professional. A clinical decision-support tool that surfaces suggestions for a physician's review differs from a chatbot that provides diagnoses directly to patients.

The bill's broad language could affect mental health apps, AI triage chatbots, and AI companions for isolated individuals. Any tool trained to provide "emotional support" or "develop emotional relationships" is potentially in scope, regardless of whether it claims to be a healthcare professional.

Intersection with Existing Unlicensed Practice Law

K.S.A. 65-2836 already prohibits the unlicensed practice of healing arts. An AI system that diagnoses, treats, or prescribes without physician oversight could trigger this prohibition under existing law. SB 405 would add an explicit, AI-specific prohibition targeted at the development layer.

Current Status

A hearing was held on February 9, 2026, at 10:30 AM in Room 144-S (SB 405, Kansas Legislature, 2025-2026). No further legislative action is recorded in the source material.

Existing Kansas Law That Already Governs AI in Healthcare

Multiple existing frameworks apply to AI in healthcare.

Kansas Healing Arts Act (K.S.A. 65-2801 et seq.)

The Healing Arts Act governs any person or entity that diagnoses, treats, or prescribes in Kansas. An AI system that delivers diagnostic conclusions or treatment plans directly to patients without physician oversight is a plausible target for an unlicensed practice claim under K.S.A. 65-2836. Consult the Kansas State Board of Healing Arts (KSBHA) for any formal opinions on AI-assisted diagnosis.

Kansas Insurance Code Utilization Review (K.S.A. 40-2,155)

Kansas insurance law requires that adverse utilization review determinations be made by licensed clinicians. This constrains AI-only denial workflows. Insurers using AI to generate denials without licensed physician review may be out of compliance with existing law.

HIPAA

Any AI vendor that processes protected health information (PHI) for a Kansas provider or payer is a business associate under 45 C.F.R. Parts 160 and 164. A Business Associate Agreement (BAA) is required. A BAA should specifically address AI model training on PHI, data retention, and de-identification standards.

Kansas Consumer Protection Act (K.S.A. 50-623 et seq.)

The KCPA prohibits deceptive and unfair practices. An AI health tool that misrepresents its capabilities, presents itself as a licensed provider, or obscures its AI nature could face KCPA liability.

Federal Overlay

Three federal frameworks apply in Kansas:

• FDA Software as a Medical Device (SaMD): The FDA's guidance on change control plans for AI/ML-enabled devices applies to clinical AI tools that meet the SaMD definition. Providers should confirm FDA clearance or exemption status with vendors.
• CMS Conditions of Participation: Hospitals and other CMS-certified providers must ensure appropriate clinical oversight of care decisions. AI workflows that remove physician judgment may create compliance risks.
• FTC Health Data Enforcement: The FTC has pursued enforcement actions against health apps that mishandle consumer health data.

What Changed Recently: 2025-2026 Kansas AI Legislative Activity

Session Overview

The 2025-2026 Kansas legislative session includes multiple bills addressing AI in healthcare. No AI-specific healthcare legislation was enacted in the 2023-2024 session. SB 42 (2023-2024), signed by the Governor on April 20, 2023, addressed rural emergency hospital exemptions and did not contain AI provisions (SB 42, Kansas Legislature, 2023-2024).

Key Timeline

SB 499: Chatbot Transparency

SB 499 (Kansas Legislature, 2025-2026) includes the Kansas Saving Human Connection Act, which targets deceptive practices and transparency in chatbot interactions. It was referred to the Committee on Federal and State Affairs (https://openstates.org/ks/bills/2025-2026/SB499/). If its chatbot provisions advance, patient-facing AI tools that do not disclose their non-human nature could face liability under this bill.

What to Watch

The key development to monitor is whether the relevant committees advance SB 467 or SB 405 to a floor vote. Consult the Kansas Legislature's bill status line at 785-296-2391 for current committee scheduling. The Governor's position on these bills is not documented in the source material.

Compliance Comparison: Key Requirements Under Pending vs. Current Kansas Rules

Note: This table reflects bill text as introduced. Final enacted language may differ. Consult the Kansas Legislature bill text portal for current versions.

Next Steps: What Kansas Healthcare Organizations Should Do Now

Audit Your AI Tool Inventory

List every AI tool your organization uses that touches patient care or coverage decisions. Flag any tool that influences medical necessity determinations, provides patient-facing diagnostic suggestions, offers emotional support, or processes PHI.

Review Vendor Contracts and BAAs

Review all BAAs for AI vendors to ensure they address AI-specific data use, model training on PHI, and de-identification standards. Require vendors to document their physician-oversight workflows in writing.

Monitor SB 467 and SB 405

Subscribe to bill-tracking alerts at https://kslegislature.org. Check the status of both bills regularly, as committee action can be swift.

Engage Legal Counsel Before Deploying New Tools

Have any new AI tool reviewed by counsel familiar with the Kansas Insurance Code and the Healing Arts Act before deployment.

For Insurers: Document Physician Review Now

Proactively document that a licensed physician reviews every AI-flagged prior authorization denial before it is issued. This aligns with the existing K.S.A. 40-2,155 requirement and prepares for SB 467 compliance.

For AI Developers and Vendors

If your product is marketed to Kansas consumers or providers, assess whether its training or outputs could be construed as "acting as a healthcare professional" or "providing emotional support" under SB 405's language. The bill targets developers and trainers directly.

Key Contacts

The Committee on Financial Institutions and Insurance handles SB 467. To submit testimony or request information on hearings, contact the Kansas Legislature. Verify current committee leadership directly with the Legislature, as assignments can change.