This site is published by Medrecords AI, which makes 1 of the products it covers. We say which one wherever it appears. How we handle that.

Best AI for IME

State and carrier rules on AI in IME reports

By Ahmed Jemaa, Co-Founder and CEO of Medrecords AI. Updated .

Short version: no state has passed an AI law written for IMEs. Texas, California and New York rules still reach AI use in IME work, because they govern practitioners, medical-legal reports or who shapes an IME opinion. Insurers in 24 states must govern the third-party AI they rely on, which is why carriers are starting to ask IME vendors about it.

Limits: We read each product's help pages, terms and pricing on 2026-11-12 and did not test how any product handles PHI. Plans, prices and laws change, and nothing here is legal advice for your state.

The rules table, as of 2026-11-12

Each row says what the rule requires, what it means for an examiner who uses AI, and where we read it. "Applies to IMEs?" is our reading, not a court's. Where we found no guidance, we say so.

RuleIn forceWhat it requiresWhat it means for AI in IME workSource, captured
Texas SB 1188, Health and Safety Code 183.0052025-09-01A practitioner may use AI for diagnostic purposes within license scope, must review all records the AI created, and must disclose the use to patientsIf AI helps form a diagnosis in your report, review every AI-made record and disclose. Whether an examinee counts as a "patient" is untested; treat it as yescapitol.texas.gov, 2026-11-12
Texas SB 1188, Health and Safety Code 183.0022026-01-01Electronic health records under a covered entity's control are physically kept in the US, including at third-party and cloud sitesAsk every AI vendor, ours included, where files and model endpoints sit, and get the answer in writingcapitol.texas.gov, 2026-11-12
Texas HB 149 (TRAIGA), Business and Commerce Code 552.0512026-01-01A provider using an AI system in a health care service or treatment discloses it to the patient by the date of first serviceSame "patient" question as SB 1188. If it applies, a short plain-language notice at intake is the simple way to meet itmeilynx.com summary with statute links, 2026-11-12
California Labor Code 4628(a), (b), (j)In forceOnly the signing physician (nurse tasks aside) may take the history, review and summarize prior records, or draft conclusions of a medical-legal report; the report names each person who performed services; penalty of perjury declarationThe strictest rule on record summaries we found. AI output can organize; you review the records and write the conclusions. We found no DWC ruling on software under 4628leginfo.legislature.ca.gov, 2026-11-12
California HSC 1339.75 (AB 3030)2025-01-01Generative AI messages to patients about clinical information carry a disclaimer unless a licensed provider reviewed themRarely triggered: an IME report goes to the requester, not the examinee. Reviewing anything you send an examinee removes the dutyleginfo.legislature.ca.gov, 2026-11-12
California AB 489, Business and Professions Code 4999.92026-01-01An AI system may not imply that its reports or assessments come from a licensed professionalAimed at AI vendors. A report you sign is yours, and should read that waymeilynx.com summary with statute links, 2026-11-12
New York Workers' Compensation Law 137(6)In forceNo practitioner, supervisor, proprietor, carrier or employer may cause, direct or encourage a report that differs substantially from the examiner's opinionIf an AI draft carries wording you would not have written, change it. The opinion on the page has to be yourslaw.justia.com, 2026-11-12
12 NYCRR 300.2In forceThe IME report lists all information received and reviewedA record tool's file index helps build this list. Every listed record still has to be one you reviewedlaw.cornell.edu, 2026-11-12
Colorado SB 26-1892027-01-01Automated decision law; core duties exempt HIPAA covered entities, which give a general notice of advanced technology useNothing to do before 2027. Watch for the notice duty if you examine in Coloradomeilynx.com summary with statute links, 2026-11-12
NAIC Model Bulletin on Use of AI Systems by InsurersAdopted 2023-12-04; 24 states by 2025-03-18Insurers keep a written AI program covering third-party AI systems, with due diligence and, where available, audit rights and cooperation terms in vendor contractsCarriers in adopting states have a reason to ask IME companies how AI is used on their files, and to add contract termscontent.naic.org, insurereinsure.com, 2026-11-12
FSMB policy on AI in clinical practiceAdopted April 2024Guidance to state medical boards: physicians are accountable for their use of AI toolsYour license carries the report, whatever drafted it. Boards in your state may adopt this viewfsmb.org, 2026-11-12
HHS, disclosures for workers' compensationGuidanceThe Privacy Rule does not apply to workers' comp insurers, agencies or employers unless they are otherwise covered entitiesThe carrier may be outside HIPAA; you are likely inside it. Your BAA duties do not depend on the carrier's statushhs.gov, 2026-11-12
45 CFR 164.508(b)(4)(iii)In forceA covered entity may require an authorization before care done solely to create PHI for a third partyConfirms HIPAA treats the IME report as PHI created for the requesterecfr.gov, 2026-11-12

3 rows cite a secondary summary (meilynx.com) that links each statute. We read the Texas SB 1188 and California texts ourselves; for HB 149, AB 489 and Colorado we rely on that summary and say so.

Timeline of rules that reach AI in IME work, 2023 to 2027 NAIC bulletin adopted December 2023. FSMB policy April 2024. California AB 3030 January 2025. Wisconsin becomes the 24th NAIC state March 2025. Texas SB 1188 September 2025. Texas HB 149, Texas US storage rule and California AB 489 January 2026. Colorado SB 26-189 January 2027. Dec 2023NAICbulletin Apr 2024FSMBpolicy Jan 2025CA AB 3030 Mar 202524th NAIC state Sep 2025TX SB 1188 Jan 2026TX HB 149, TX USstorage, CA AB 489 Jan 2027CO SB 26-189 Dates from the sources in the table above. California Labor Code 4628 and New York WCL 137 predate this window.
Figure 1. When each rule took effect. Most of the activity is in 2025 and 2026, so expect this table to change.

What carriers and IME companies are likely to ask

We found no carrier that publishes an AI rule for IME vendors. The NAIC bulletin explains why questions are coming anyway: section 4 tells insurers to do due diligence on third-party AI systems and, where they can, to write audit rights and cooperation duties into vendor contracts. An IME company is a vendor. A physician on its panel is a vendor's vendor.

Expect some version of these questions in a panel agreement or a vendor questionnaire, and have answers ready:

If you cannot answer the fourth question from your own workflow, that is the gap to close first. Page citations exist for that reason.

Disclosure: what the rules ask and what they do not

No rule we found requires an IME report to state "AI was used". What the rules do require is narrower and easier to meet:

Some examiners add a 1-line methods note saying software organized the records and the examiner reviewed them. That is a judgment call for you and the requester, not a rule we can point to.

How to keep this current

We recheck every row at least every 45 days and date each change. Bills on AI in health care move fast. Maryland, Arizona and Colorado passed utilization review laws in 2025 and 2026 that we left out, because they govern payers' coverage decisions, not examiners. If your state has a rule we missed, email the citation to [email protected] and we add it within 2 business days.