{"id":3398,"date":"2026-01-07T23:27:11","date_gmt":"2026-01-07T23:27:11","guid":{"rendered":"https:\/\/www.insuracarelife.com\/blog\/top-issues-for-state-lawmakers-in-2026\/"},"modified":"2026-01-08T17:01:21","modified_gmt":"2026-01-08T17:01:21","slug":"top-issues-for-state-lawmakers-in-2026","status":"publish","type":"post","link":"https:\/\/www.insuracarelife.com\/blog\/top-issues-for-state-lawmakers-in-2026\/","title":{"rendered":"Top Issues for State Lawmakers in 2026"},"content":{"rendered":"<p>\n        \t\t\t<small>* The views expressed in externally authored materials linked or published on this site do not necessarily reflect the views of LexisNexis Legal &amp; Professional.<\/small>\n        \t\t<\/p>\n<div>\n<p>For two years running, we\u2019ve opened our annual story predicting the top issues for state legislators in the coming year by noting just how tense and uncertain things are, with the war in Ukraine and a concerning economy at home.<\/p>\n<p>Someday, we hope to head into a new year without having to say that. But it\u2019s not going to be this year.<\/p>\n<p>If there\u2019s anything predictable about 2026, it\u2019s unpredictability, especially after President Donald Trump signed an executive order this month aimed at undoing all of the work state lawmakers have done on arguably their top priority for both 2024 and 2025: regulating artificial intelligence.<\/p>\n<p>As you\u2019ll see below, we\u2019re expecting a lot more action on AI under a capitol dome near you, assuming state legislators continue to take action on the issue despite the president\u2019s new order.<\/p>\n<p>That\u2019s still up in the air, leaving 2026 as unclear as the last two.<\/p>\n<h2><strong>AI Bills Introduced in Every State in 2025<\/strong><\/h2>\n<p>This year lawmakers in all 50 states introduced bills dealing with artificial intelligence, according to analysis by the National Conference of State Legislatures. Such measures were enacted in 40 of those states.<\/p>\n<p id=\"map\"><iframe loading=\"lazy\" id=\"datawrapper-chart-fH2OX\" src=\"https:\/\/datawrapper.dwcdn.net\/fH2OX\/2\/\" width=\"600\" height=\"467\"><\/iframe><\/p>\n<h2>Health<\/h2>\n<h2><strong>AI in Healthcare<\/strong><\/h2>\n<p>Twice\u00a0this year\u00a0we\u2019ve reported on state lawmakers\u2019 efforts to regulate AI in healthcare, indicating just what a priority this has become. As of that second\u00a0<em>SNCJ<\/em>\u00a0report in September, 36 states had considered healthcare-related AI bills.<\/p>\n<p>Since then McKinsey has\u00a0issued a report\u00a0suggesting that the \u201crelentless pressure\u201d on the healthcare industry could be alleviated by a \u201cradical reimagination\u201d of how it does business with AI at the forefront.<\/p>\n<p>With the National Conference of State Legislators having written about state lawmakers\u2019 widespread concerns about AI in healthcare literally the\u00a0very next day, it\u2019s a safe bet this issue will remain a priority in statehouses across the country next year.<\/p>\n<h2><strong>ACA Subsidies<\/strong><\/h2>\n<p>The cost of health insurance is expected to soar in 2026, due in part to the expiration of enhanced premium tax credits introduced during the pandemic to subsidize the cost of insurance through the Affordable Care Act. Policymakers in California, Colorado, Maryland and elsewhere are looking to\u00a0backfill the subsidies, but states obviously don\u2019t have the resources to replace all of that federal funding.<\/p>\n<p>Whether they find a way or not, if health insurance costs\u00a0spike the way they\u2019re expected to, that\u2019s sure to be a talking point for state legislators on both sides of the aisle.<\/p>\n<h2><strong>Prescription Drug Price Caps<\/strong><\/h2>\n<p>The cost of prescription drugs was also in the crosshairs of state policymakers in 2025, with Colorado\u2019s Prescription Drug Affordability Board taking the unprecedented action of capping the price on an arthritis and autoimmune disease medication, while\u00a0California\u00a0joined\u00a0the ranks of states\u00a0regulating pharmacy benefit managers, which have become a favorite\u00a0target of blame\u00a0for high prices.<\/p>\n<p>Pending in Florida,\u00a0HB 697\u00a0by Rep.\u00a0Jennifer Kincart Jonsson\u00a0(R) also takes aim at PBMs and prescription drug costs and is part of\u00a0a two-bill package\u00a0being pushed by House Speaker\u00a0Daniel Perez\u00a0(R) to align the state\u2019s healthcare policies with the president\u2019s new federal framework while also taking financial pressure off residents.<\/p>\n<p>That a key leader of the third most populated state has declared this a priority for next year is a good indication this conversation will continue to go strong in 2026.<\/p>\n<h2><strong>Insurance &amp; Finance<\/strong><\/h2>\n<h2><strong>AI in Insurance<\/strong><\/h2>\n<p>Insurance is a\u00a0historically state-regulated issue, which made AI in insurance an obvious priority for state legislators, as we\u00a0reported in July. At that point in the year at least 17 states had already introduced bills aimed at limiting the use of AI in underwriting and claims. Even if Trump\u2019s AI executive order curbs state regulation of the technology in general, states might be reluctant to concede any authority over this regulatory turf. So don\u2019t be surprised if state action on AI in insurance remains strong no matter what happens at the federal level.<\/p>\n<h2><strong>Predictive Pricing<\/strong><\/h2>\n<p>The use of data analytics, machine learning and algorithms to\u00a0anticipate market demand\u00a0and adjust prices in real time, otherwise known as predictive pricing, was such a priority for state legislators this year we reported on it in\u00a0April\u00a0and\u00a0August.<\/p>\n<p>With predictive pricing\u00a0rapidly becoming ubiquitous across industries, concerns about it aren\u2019t likely to fade any time soon.<\/p>\n<h2><strong>Labor &amp; Human Resources<\/strong><\/h2>\n<h2><strong>AI Discrimination<\/strong><\/h2>\n<p>The workplace is another arena for AI concerns with state legislators having raised the alarm in 2025 about the technology\u2019s use in\u00a0sifting through job applicants\u00a0and the potential that has for automated discrimination.<\/p>\n<p>You can be sure that\u2019s the sort of civil rights issue that will remain a priority in blue states regardless of the president\u2019s executive order.<\/p>\n<h2><strong>Child Labor Laws<\/strong><\/h2>\n<p>This year Florida\u00a0considered legislation\u00a0to eliminate certain restrictions on 16- and 17-year olds and allow minors as young as 14 to work overnight shifts. The bill didn\u2019t pass, but the reason for its introduction remains as urgent as ever: filing jobs vacated by undocumented workers, a prime target of the Trump administration.<\/p>\n<p>As we reported back in June,\u00a0Elias Kahn, senior product manager for labor and employment, tax, federal government and employee benefits and executive compensation for\u00a0Practical Guidance at LexisNexis\u00ae, believes that even though several states have already relaxed their child labor laws recently, there\u2019s still plenty of support for doing so in other states. The president\u2019s immigration policies could also impact a range of workforces, with effects that aren\u2019t apparent yet.<\/p>\n<p>This could become a popular issue for red states in 2026.<\/p>\n<h2><strong>State-Federal Labor Authority<\/strong><\/h2>\n<p>In November, we reported that the Trump administration is suing both California and New York over attempts by both states to involve themselves in labor actions typically handled by the National Labor Relations Board.<\/p>\n<p>Those cases are ongoing and represent a burgeoning front in the ongoing battle between blue states and the president.<\/p>\n<h2><strong>Pay Transparency<\/strong><\/h2>\n<p>Just this month\u00a0we reported on states\u2019 and cities\u2019 passage of pay transparency laws requiring employers to\u00a0disclose compensation figures to promote fairness, as well as other laws barring employers from asking job applicants about their past or current pay.<\/p>\n<p>Kahn, of LexisNexis Practical Guidance, said all forms of pay transparency laws would remain relevant in 2026.<\/p>\n<p>\u201cI could definitely see other states or cities passing laws like this in 2026,\u201d he said, noting that pay transparency \u201chas been a big deal for several years now.\u201d<\/p>\n<h2>Technology<\/h2>\n<h2>AI Regulation<\/h2>\n<p>Every state in the country introduced bills this year regulating AI, and 40 states enacted such measures, according to\u00a0analysis by NCSL. Those factoids alone illustrate just how much of a priority AI regulation has become in state capitols nationwide.<\/p>\n<p>Yes, the president\u2019s executive order challenges that, but as we\u00a0reported this month\u00a0state legislators appear undeterred in their interest in continuing to pursue legislation on this front in the future.<\/p>\n<h2><strong>Data Center Energy Costs<\/strong><\/h2>\n<p>The rise of AI has\u00a0sparked demand for data centers, which place a serious drain on utilities. As we reported in October, state legislators have started targeting the energy use of such facilities.<\/p>\n<p>With the march of AI expected to continue unabated, this concern is likely to just grow.<\/p>\n<h2><strong>Quantum Computing<\/strong><\/h2>\n<p>AI wasn\u2019t the only technology to draw the attention of state legislators this year.<\/p>\n<p>California, South Dakota and Texas all approved legislation aimed at making their states\u00a0hubs for a new frontier in technology: quantum computing, which takes the principles of\u00a0quantum mechanics\u00a0\u2013 the physics of\u00a0subatomic particles\u00a0\u2013 to process data in radically different ways from conventional computing.<\/p>\n<p>This is a race that looks to be just beginning.<\/p>\n<h2><strong>Neural Data Privacy<\/strong><\/h2>\n<p>Also just getting started are efforts to protect the privacy of individuals\u2019 neural data or information generated by measuring the activity of their central or peripheral nervous system.<\/p>\n<p>In\u00a0September 2024, we reported that Colorado had become the first state to pass a bill protecting neural data and predicted more states were likely to follow. In\u00a0November of this year, we reported that two more states (Connecticut and Montana) had done so, and three more states (Illinois, Massachusetts and Minnesota) had pending neural data privacy bills heading into 2026.<\/p>\n<p>\u2014By SNCJ Correspondent BRIAN JOSEPH<\/p>\n<\/p><\/div>\n","protected":false},"excerpt":{"rendered":"<p>* The views expressed in externally authored materials linked or published on this site do not necessarily reflect the views of LexisNexis Legal &amp; Professional. For two years running, we\u2019ve opened our annual story predicting the top issues for state legislators in the coming year by noting just how tense and uncertain things are, with [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":3399,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[1702,2041,979,229],"class_list":["post-3398","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-blog","tag-issues","tag-lawmakers","tag-state","tag-top"],"_links":{"self":[{"href":"https:\/\/www.insuracarelife.com\/blog\/wp-json\/wp\/v2\/posts\/3398","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.insuracarelife.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.insuracarelife.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.insuracarelife.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.insuracarelife.com\/blog\/wp-json\/wp\/v2\/comments?post=3398"}],"version-history":[{"count":1,"href":"https:\/\/www.insuracarelife.com\/blog\/wp-json\/wp\/v2\/posts\/3398\/revisions"}],"predecessor-version":[{"id":3430,"href":"https:\/\/www.insuracarelife.com\/blog\/wp-json\/wp\/v2\/posts\/3398\/revisions\/3430"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.insuracarelife.com\/blog\/wp-json\/wp\/v2\/media\/3399"}],"wp:attachment":[{"href":"https:\/\/www.insuracarelife.com\/blog\/wp-json\/wp\/v2\/media?parent=3398"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.insuracarelife.com\/blog\/wp-json\/wp\/v2\/categories?post=3398"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.insuracarelife.com\/blog\/wp-json\/wp\/v2\/tags?post=3398"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}