Commissioner's Memorandum 2025-13AAdopted

AI governance for Hawaii insurers

The Hawaii Insurance Division issued Commissioner's Memorandum 2025-13A on December 10, 2025, adopting the NAIC Model Bulletin on the Use of AI Systems by Insurers. It reminds insurers that any decision touching consumers must comply with Hawaii insurance law, including the laws on unfair trade practices and unfair discrimination, regardless of whether an AI system supported the decision. The memorandum expects every authorized insurer to maintain a written AIS Program sized to the potential harm a model could cause, and it recognizes the NAIC's 2020 Principles on Artificial Intelligence as an appropriate source of guidance. It reaches the full insurance life cycle, from product development through claims and fraud detection.

Memorandum2025-13A
IssuedDecember 10, 2025
EffectiveUpon issuance
BasisNAIC model bulletin

What Hawaii expects from your AIS Program

Hawaii adopted the NAIC model verbatim, so the program expectations match the national framework.

Governance

A written program with clear ownership. Senior management is accountable to the board, and a cross-functional body oversees AI across its whole life cycle.

Risk Management & Internal Controls

Controls at every stage of the model life cycle, from data sourcing through retirement, sized to the potential harm to consumers.

Third-Party AI Systems & Data

The insurer stays responsible for AI it did not build. Vendor relationships need diligence, contract rights, and the ability to produce evidence.

Documentation & Audit-Readiness

Section 4 spells out what an examiner can ask for. Treating that list as a standing requirement is what keeps a program defensible.

Legal authority

The Hawaii Insurance Division grounds the bulletin in laws it already enforces:

  • Unfair Methods of Competition and Unfair and Deceptive Acts and PracticesHaw. Rev. Stat. ch. 431, art. 13, pt. I (HRS §431:13-103)
  • Property and casualty rate regulationHaw. Rev. Stat. ch. 431, art. 14
  • Corporate Governance Annual DisclosureHaw. Rev. Stat. ch. 431, art. 3G
  • Market ConductHaw. Rev. Stat. ch. 431, art. 2D

Who it applies to

The bulletin reaches every entity holding a Hawaii certificate of authority, including:

  • Property and casualty insurers
  • Life and annuity insurers
  • Health insurers and HMOs
  • All authorized insurers offering policies in Hawaii

State-specific changes: Hawaii tracks the NAIC model and, consistent with that model, lets an insurer's AIS Program rely in whole or in part on a recognized framework such as the NIST AI Risk Management Framework v1.0. The core program expectations match the national framework.

Learn the basics

Resources for Hawaii insurers

Start with these plain-language explainers and field guides.

Guide

What is the NAIC Model Bulletin on AI?

The NAIC Model Bulletin on the Use of AI Systems by Insurers is the template most states use to set AI governance expectations. Here is what it says and why it matters.

Guide

What is an AIS Program?

An AI Systems Program (AIS Program) is the written program the NAIC Model Bulletin expects every insurer to maintain. Here are its four pillars and what each one requires.

Guide

What are the NAIC AI Principles?

The NAIC AI Principles, adopted in 2020, are the foundation beneath every state AI bulletin. The five principles spell FACTS: Fair, Accountable, Compliant, Transparent, and Secure.

Guide

AI in Insurance: Key Regulatory Definitions

The NAIC Model Bulletin defines the terms that carry legal weight, from AI System to Adverse Consumer Outcome to Model Drift. Here is what each one means for insurers.

Article

Insurance Regulators Are Forcing AI Governance. Most Carriers Aren't Ready.

State insurance regulators and bar associations are sounding the alarm on AI in insurance. Legal and regulatory pressure is forcing insurers to operationalize AI governance, not just document it.

Article

The NAIC Bulletin Is the Floor Your Reinsurer Will Hold You To

Twenty-four jurisdictions have adopted the NAIC Model Bulletin on AI. Most carrier compliance teams are working to the regulatory text. Their reinsurers will use the same document as an evidentiary baseline at the next placement, and the cedent that meets the floor and stops there is preparing for the wrong audience.

Hawaii AI governance FAQs

What is Hawaii Commissioner's Memorandum 2025-13A?
It is the memorandum the Hawaii Insurance Division issued on December 10, 2025 adopting the NAIC Model Bulletin on the Use of AI Systems by Insurers. It tells insurers that existing Hawaii insurance laws apply to any decision an AI system touches and expects each insurer to maintain a written AIS Program.
Which companies have to comply in Hawaii?
Any insurer authorized to offer policies in Hawaii, across property and casualty, life, and health lines. The memorandum is not limited to a single line of business.
Can our AIS Program use the NIST AI Risk Management Framework?
Yes. Memorandum 2025-13A states the AIS Program may adopt, incorporate, or rely on a framework developed by an official third-party standards organization, such as the NIST AI Risk Management Framework v1.0, in whole or in part.
How will Hawaii enforce it?
Through existing authority. The memorandum grounds its expectations in the unfair methods of competition and deceptive practices law (HRS §431:13-103), the property and casualty rate regulation law (ch. 431, art. 14), the Corporate Governance Annual Disclosure (ch. 431, art. 3G), and the Market Conduct law (ch. 431, art. 2D). The Division can request AIS Program documentation during investigations and market conduct actions.
How does a Hawaii insurer get ready?
Stand up a written AIS Program covering governance, risk management and internal controls, and third-party oversight, then keep model inventories, validation records, and a clear data-to-decision trail examination-ready.

Get audit-ready for Hawaii Memorandum 2025-13A

Swept AI supervises your models and produces the AIS Program evidence Hawaii examiners can request.