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2024 Medicare Advantage Final Rule — AI in Coverage Determinations

United States (Federal) | CMS-4201-F

Year Enacted
2023
Date Signed
Apr 5, 2023
Effective Date
Jan 1, 2024
Status
Enacted
Final rule published April 5, 2023; provisions applicable January 1, 2024

Categories

Payer Utilization Review Claims Downcoding

Key Requirements

Establishes that prior authorization may only be used for medical necessity determinations based on diagnoses and clinical criteria. MA organizations may use AI in coverage determinations only if they comply with all regulatory requirements, including individualized determinations based on patient circumstances. Denials of basic benefits must be based solely on publicly available coverage criteria.

Regulated Parties

Medicare Advantage organizations; Part D plan sponsors; PACE organizations

Enforcement

CMS; HHS Office of Inspector General

Sources

Notes

Does NOT ban AI in prior authorization but requires individualized patient review. CMS issued AI-specific FAQs on February 6, 2024.

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