SACRAMENTO – Today, Governor Gavin Newsom signed Senator Josh Becker’s SB 1120, the “Physicians Make Decisions Act,” to ensure human oversight and patient safety are core components for the use of artificial intelligence (AI) in health care settings. SB 1120 was part of CMA’s priority bill package for the 2024 legislative session.

“As physicians, we recognize that AI can be an important tool for improving health care, but it should not replace physicians’ decision-making,” said CMA President Tanya W. Spirtos, M.D. “We applaud Senator Becker and Governor Newsom for ensuring that the use of AI in health care has necessary protections to prioritize the health and safety of our patients.”  

“Artificial intelligence is an important and increasingly utilized tool in diagnosing and treating patients, but it should not be the final say on what kind of healthcare a patient receives,” said Sen. Becker. “An algorithm does not fully know and understand a patient’s medical history and needs and can lead to erroneous or biased decisions on medical treatment. The Physicians Make Decisions Act ensures that the human element will always determine quality medical treatments for patients.” 

Recent news reports have highlighted instances and allegations of health plans using AI algorithms to wrongly deny medically necessary care. SB 1120 requires physician oversight of utilization review decisions made or assisted by a health plan’s AI decision making tools or algorithms. The bill strikes a commonsense balance that puts safeguards in place for automated decision tools without discouraging companies from using this new technology.