AI in clinical decision support, diagnostics, patient scheduling, or billing. Here is what West Virginia businesses need to know in 2026.
West Virginia has enacted No AI-specific law. No state AI law. Existing laws cover some AI-related activities.
State law does not replace federal law — you must comply with both. These federal rules apply to healthcare ai nationwide:
West Virginia's No AI-specific law 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 West Virginia is N/A. The law is still developing — monitor for final rules.
West Virginia penalties for AI non-compliance: N/A. Enforcement is active. The state AG has authority to investigate and fine without prior warning.
Federal law does not currently preempt state AI laws. West Virginia's No AI-specific law 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 healthcare ai, consider hiring an independent third-party auditor to validate compliance.
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