AI used by state agencies for benefits determination, law enforcement, or public services. Here is what Maryland businesses need to know in 2026.
Maryland has enacted HB 1339 — Automated Decision Systems. Employers must disclose AI use in hiring. Impact assessments required for high-stakes decisions.
State law does not replace federal law — you must comply with both. These federal rules apply to government ai nationwide:
Maryland's HB 1339 — Automated Decision Systems applies to most businesses with limited exemptions. Even businesses with under 50 employees should review requirements. Always review the specific statute for employee count and revenue thresholds.
The key deadline in Maryland is October 1, 2026. The law is enacted and compliance is required by the deadline above.
Maryland penalties for AI non-compliance: Up to $10,000 per violation. Enforcement is active. The state AG has authority to investigate and fine without prior warning.
Federal law does not currently preempt state AI laws. Maryland's HB 1339 — Automated Decision Systems applies independently of federal rules. Federal laws like ECOA, FCRA, and HIPAA also apply alongside state law — so you must comply with both.
Best practice: document all AI systems used, conduct an internal audit, implement required disclosures, and keep records for at least 3 years. For very high-risk uses like government ai, consider hiring an independent third-party auditor to validate compliance.
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