Colorado Rules on AI in Life Insurance (SB 21-169)

Colorado SB 21-169 was signed in 2021 and created insurance-specific requirements for external consumer data and information sources, algorithms and predictive models. Its rules reach insurance practices including life insurance; they do not focus solely on automated final decisions or on one line. The act prohibits unfair discrimination based on race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity or gender expression. It also directs the Insurance Commissioner to adopt rules, by specific insurance types and practices, describing how insurers demonstrate testing for discriminatory effects. The required framework includes disclosure to the Commissioner of external data sources used to develop or implement algorithms and predictive models, an explanation of how those sources are used, a risk-management framework, assessments and mitigation steps with ongoing monitoring, and a continuous implementation attestation by the chief risk officer. Rules must include a reasonable remedy period and allow use of sources previously assessed by the Division as not unfairly discriminatory. The Commissioner may examine and investigate insurer use. The statutory framework excludes specified categories such as title insurance and certain exempt commercial policies. Colorado’s general AI legislation changed after SB 21-169. SB 24-205 created general consumer protections for high-risk AI, but the Attorney General states that SB 26-189 signed in May 2026 repeals and reenacts that framework with new requirements effective January 1, 2027. SB 24-205’s insurance provision treated an insurer or AI developer as in compliance with that part when subject to §10-3-1104.9 and Commissioner rules. This does not erase the separate insurance-specific obligations. Organizations should assess which law applies to the decision and line, and avoid treating general AI changes as repeal of SB 21-169.