Maryland

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State/TerrAI ScopeRelevant LawLaw LinkEffective DateKey RequirementsEnforcements & Penalties
MarylandAI HealthcareAI Utilization ReviewMd. Code Ann., Ins. §§ 15-10A-06, 15-10B-05.110/1/2025
• Requires insurers, nonprofit health service plans, health maintenance organizations, dental plan organizations, and any other persons that provide health benefit plans subject to regulation by MD to submit to the Commissioner on a quarterly basis certain information relating to claims, including the number of adverse decisions by the carrier and whether an artificial intelligence, algorithm, or other software tool was used in making the adverse decision.
• Further requires such covered entities to ensure that:
- AI systems base their determinations on relevant clinical information and not solely on a group dataset;
- Any criteria or guidelines for using an AI system complies with these requirements;
- An AI system does not replace the role of a health care provider in the determination process under § 15-10B-07 (setting forth adverse decision procedures);
- Use of AI does not result in unfair discrimination, and is otherwise fairly and equitably applied;
- AI systems are open to inspection for audit or compliance reviews by the Commissioner;
- Written policies and procedures are included in the utilization plan, including how an AI system will be used and what oversight will be provided;
- The performance, use and outcomes of AI are reviewed and revised, if necessary and at least on a quarterly basis, to maximize accuracy and reliability;
- Patient data is not used beyond its intended and state purpose, consistent with HIPAA; and
- An AI system does not directly or indirectly cause harm to an enrollee, nor deny, delay or modify health care services.
Existing enforcement mechanism by the Maryland Insurance Commissioner apply.
MarylandAI CSAMAmendment to the Maryland CSAM Statute MD. Code., Crim. Law 11-20810/1/2023
• Expands the definition of CSAM to include a computer generated image that is indistinguishable from an actual and identifiable child under the age of 16.  
Existing criminal penalties apply. 
MarylandAI DeepfakesAn Act Concerning Artificial Intelligence and Deepfake RepresentationsSB 810/1/2026

• Prohibits individuals from intentionally using artificial intelligence or deepfakes to cause harm to another through impersonation or the creation of false records.   

• Fine up to $15,000 and/or imprisonment up to 10 years. 
 Victim of such an act may bring civil action against the perpetrator. 

MarylandAI in Political AdvertisingAn Act Concerning Election Misinformation, Election Disinformation, and DeepfakesSB 1416/1/2026

• Prohibits any person from knowingly, or with reckless disregard, creating, using or disseminating a deepfake to produce materially false information to influence an election. 

 Requires the State Administrator of Elections to respond to credible reports of election misinformation with public notices correcting the disinformation. Allows the State Administrator of Elections to file civil action related to election misinformation.  
 Carves out exceptions for satirical representations, radio or television broadcasters as part of their news coverage or as a legal or contractual obligation, and for websites or regularly published newspapers that cover "general interest" news. 

• Fine up to $5000 and/or imprisonment up to 5 years.  

MarylandAI HealthcareAN ACT concerning Emergency Room Services and Post–Acute Care – Coverage and Facility StudiesHB 15636/1/2026

• Requires health insurance carriers to provide the Maryland Insurance Commissioner a quarterly report that includes the number of adverse decisions issued by the carrier and whether artificial intelligence was used in making the adverse decision. 

The information can be used as the basis for an examination under Insurance law.

MarylandAI in GovernmentMaryland AI Governance Act of 2024SB 8187/1/2024
• Requires each unit of Maryland state government to conduct an inventory of high-risk AI systems.
• Requires each unit of Maryland state government to conduct annual impact assessments of high-risk AI systems.
• Requires the Maryland Department of Information Technology to develop policies and procedures for the deployment, use, and assessment of high-risk AI systems.
N/A
MarylandAutomated Decision-MakingMaryland Online Data Privacy ActMd. Code Ann. § 14-4601 et seq.10/1/2025
• Provides consumers the right to opt-out of any form of solely automated processing of personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable natural person’s economic situation, health, demographic characteristics, personal preferences, interests, reliability, behavior, location, or movements in furtherance of decisions that produce legal or similarly significant effects concerning the consumer (i.e., the provision or denial of financial or lending services, housing, education enrollment or opportunity, criminal justice, employment opportunities, health care services, or access to essential goods or services).
• Requires a data protection assessment of each processing activity involving such automated processing of personal data in certain circumstances.

Other obligations and restrictions may apply depending on the type of data processed.
$10,000 per violation; $25,000 for repeating the same violation.
MarylandAlgorithmic PricingMaryland Protection from Predatory Pricing ActHB 89510/1/2026
• Prohibits food retailers and third-party delivery service providers from using personal data or engaging in dynamic pricing to set a higher price for certain food (e.g., groceries) for a specific consumer (with dynamic pricing meaning the discriminatory practice of offering or setting a personalized price for a good or service that is specific to a consumer based on the consumer's personal data, regardless of whether the seller collected or purchased the personal data). 
• Prohibits food retailers and third-party delivery service providers from using protected class data to offer, advertise, or sell a consumer good or service to a consumer for whom the protected class data pertains if the use of the protected class data has the effect of withholding or denying from the consumer an accommodation, an advantage, or a privilege accorded to others. 
Up to $10,000 for a first offense and up to $25,000 for subsequent offenses. 

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