Q2 Health AI Tracker: State and Federal AI Policy Accelerates: What You Need to Know

Below is a brief excerpt from , updated for Q2 2026. Click  for the full report.

Key Takeaways from Q2 2026 Include:

• Since January 1, 45 states have introduced 280 bills— however, only 29 bills were enacted in 20 states, with states continuing to focus on AI chatbots, payer and health care provider use of AI, and transparency with end-users of AI (often through mandated disclaimers).
• Recent months saw increased activity from the federal government, including a potentially greater willingness to legislate or create frameworks to address AI safety concerns, from the June Executive Order “” to the “Great American AI Act” released as a to the Department of Justice in an xAI challenging the Colorado AI Act ().
• Providers, payors and tech companies should be taking active steps to ensure any patient-facing AI tools are secure, accurately represented to patients and users, and that patients are educated about these tools, providing consent where required. Increasing attention to liability from both states and the federal government (though no proposals have passed so far) is likely to remain in focus in the months to come.  

What we’re continuing to watch:

• Additional TEMPO participants will be announced by FDA, after a first participant (Dexcom’s Glucose Health Program) was on July 22, 2026. 
• Additional guidance from FDA regarding its approach to regulating AI and additional convening of the FDA’s Digital Health Advisory Committee.  
• CMS outpatient and physician fee schedules will be finalized in the fall—each of which has proposed changes to payment for ‘software as a medical service.’ 
• Various federal agencies may issue guidance in accordance with the December 2025 Executive Order on a national policy framework for AI.  
• Continued debate over the CMS WISeR model.  
• The Office of the National Coordinator for Health Information Technology (ONC)’s HTI-5 final rule which proposed removing AI model card requirements for certified health IT.  
• The states that remain in legislative session to see what bills are passed during the remainder of the year.

For questions on the above, please reach out to or .