United States (federal) · regulation

CMS: what it requires, and the records to keep

CMS-4201-F requires Medicare Advantage plans to base medical necessity decisions on the individual enrollee's medical history, physician recommendations and clinical notes, follow Traditional Medicare coverage rules, and have a qualified clinician review any adverse decision. CMS's February 2024 FAQ applies this to AI: plans may use algorithms to assist, but not as the sole basis for denying or ending care.

Legal forceBinding on Medicare Advantage organizations
StatusIn force
Applies from1 Jan 2024
JurisdictionUnited States (federal)
Checked21 Oct 2026

01 / What it requires

What CMS requires

Medicare Advantage organizations and the vendors whose algorithms or AI tools they use for coverage, prior authorization and utilization management decisions.

  1. 01Base each medical necessity decision on the enrollee's own medical history, physician recommendations and clinical notes (42 CFR 422.101(c)(1)).
  2. 02Follow Traditional Medicare NCDs and LCDs; use internal criteria only when coverage is not fully established, publicly posted and evidence-based.
  3. 03Have a physician or appropriate professional with relevant expertise review any expected adverse medical necessity decision before issuing it.
  4. 04Have a physician-led utilization management committee approve and annually review all UM and prior authorization policies.
  5. 05Do not use an algorithm's population-level prediction alone to deny admission or end post-acute care.

02 / AI work

Where it touches AI work

CMS's Feb 6, 2024 FAQ says an algorithm or AI tool can assist coverage decisions only if the decision still reflects the individual patient's circumstances, and that predicted length of stay alone cannot justify ending services. Separately, CMS's WISeR model (from Jan 1, 2026) uses AI-assisted prior authorization in Traditional Medicare in six states, with licensed clinicians making non-payment recommendations.

03 / Dates

The dates that matter

12 Apr 2023

CMS-4201-F final rule published (88 FR 22120)

1 Jan 2024

Coverage criteria and UM committee rules apply

6 Feb 2024

CMS FAQ on algorithms and AI in MA coverage decisions

15 Apr 2025

CY2026 final rule declines to finalize proposed AI guardrails

1 Jan 2026

WISeR AI-assisted prior authorization model starts in six states

6 Apr 2026

CY2027 MA final rule adds no AI coverage rules

04 / Enforcement

Who enforces it

CMS through program audits, civil money penalties, intermediate sanctions such as enrollment and marketing suspensions, and contract termination under 42 CFR part 422 subpart O.

05 / Records

Records an organisation keeps

What an auditor or an inquiry usually asks to see. Your obligations depend on your role and your facts.

  1. 01Case files showing individual records reviewed for each adverse decision
  2. 02Clinician person reviewing it credentials and sign-off on denials
  3. 03UM committee minutes approving algorithm-supported policies
  4. 04Published internal coverage criteria with supporting evidence

Optional evidence · where Planisphere fits

Keep a record anyone can check

When your team meets a duty, Planisphere can seal the event it reports as a receipt.

01 · Your teamRecord the event

A disclosure shown, a review signed, a model change approved: the event your system reports.

02 · PlanisphereSeal it

The event becomes a sealed receipt, dated and attributed to whoever is signed in.

03 · AnyoneCheck it

Paste the receipt into Verify. No account or key.

A record supports your compliance evidence process. It is not a legal finding or a certification. Systems that call Planisphere's gate API can also hold or refuse an action before it runs.

QUESTIONS

The questions that come next

Can a Medicare Advantage plan use AI to deny coverage?+

A Medicare Advantage plan may use an algorithm or AI tool to help make coverage decisions, but the tool cannot be the basis for a denial on its own. Under rules that apply from January 1, 2024, medical necessity decisions must rest on the enrollee's own medical history, physician recommendations and clinical notes, plus Medicare coverage criteria (42 CFR 422.101(c)). CMS's February 6, 2024 FAQ memo says the plan stays responsible for making sure any AI tool follows these rules. A physician or other qualified professional must review any expected medical necessity denial before it is issued. Read the full answer

How do I show my utilization-management algorithm assessed the individual patient?+

Keep a case record showing that each decision turned on the patient's own facts, not only a model score. For each determination, record the medical history, physician recommendations and clinical notes considered; the coverage criteria applied, whether Medicare NCDs and LCDs or publicly posted internal criteria; the tool's limited role; and the name and expertise of the physician or professional who reviewed any denial. Your UM committee must also approve every UM policy, review them at least annually and document its reasons in writing for CMS on request (42 CFR 422.137). Read the full answer

SOURCES

Go back to the source

CHANGE LOG

What changed, and when

21 Oct 2026

Rebuilt from primary sources; facts checked on this date.

Related: CMS for medicine AI workflows · NIST AI RMF · OMB M-25-21/22 · DoW RAI S&IP · EO 14179 · FIPS 140-3 · SHA-256 / FIPS 180-4