Health Record Rights Index · country brief · this country's data as of 2026-10-02

Who holds the health record in the United States?

In 2026, the United States scores 48 of 100 on a person's right to see, control and share their own health record: rank 55= of 198 countries (likely range 45 to 80), in the Mixed band (45 to 64). Who holds the keys: Institutional. Source: Health Record Rights Index, SuperTruth, this country's data as of 2026-10-02.

Providers and insurers decide. Its strongest right against the other countries is clinical AI governance (56, against a median of 30 across 198 countries); its weakest is protection from commercial use (38, median 45).

Americans have an enforced legal right to copies of their records, but providers and insurers decide most sharing, and health apps sit outside HIPAA.

Published · updated · this country's data as of 2026-10-02 · research tool, not legal advice

48overall, of 100 · Mixed
55=rank of 198
Institutionalwho holds the keys
highconfidence
91 · Platinumevidence grade (DTI)

Can I get my health records in the United States?

Access to the full record scores 50 of 100 in the United States, against a median of 43 across 198 countries. HIPAA gives a right to the whole designated record set within 30 days at a cost-based fee, and OCR has brought 55 right of access enforcement actions. There is no national record: 65% used a portal in 2024, and 59% had more than one.

Can I control who sees my health record in the United States?

Control and consent scores 35 of 100 in the United States, against a median of 30 across 198 countries. HIPAA lets providers and plans share records for treatment, payment and operations without consent, and they may refuse restriction requests. A block on items paid in full and a six-year disclosure log that omits routine sharing put the cell at the top of its band.

Eight rights, against Canada, United Kingdom, Germany and the EU

Patient access to the full record20%5050 · 66 · 64
Patient control and consent20%3555 · 52 · 66
Privacy and security15%5058 · 56 · 58
Connected care journey15%6050 · 62 · 66
Protection from commercial use10%3845 · 60 · 70
Clinician access at the point of care10%5555 · 60 · 62
Research and trial consent5%4949 · 64 · 50
Clinical AI governance5%5656 · 55 · 50

Black dot: United States. Hollow dots: Canada, United Kingdom, Germany (scores on the right, same order). Grey line: median of all 198 countries. Dashed teal line: EU median. Overall: United States 48, EU median 61. Scores move in steps of about 5; read the rank with its likely range.

What would the United States need to change to score higher?

The United States sits in Mixed (45 to 64); Strong starts at 65. The two rights furthest below the 198-country median, weighted, are protection from commercial use (38, median 45) and research and trial consent (49, median 46). The published rubric reads:

  • Protection from commercial use: Clear limits on selling health data or using it for marketing, covering apps and data brokers as well as providers.
  • Research and trial consent: A general opt-out that is honoured, or dynamic or opt-in consent, with a public register of research uses: 55 to 85.

Which laws give health record rights in the United States?

  • HIPAA Privacy Rule, right of access (45 CFR 164.524) (2000): Right to the designated record set within 30 days, cost-based fee, electronic format if readily producible.
  • 42 CFR Part 2, substance use disorder records final rule (2024): Single revocable consent for future treatment, payment and operations uses; compliance from February 16, 2026.
  • FTC Health Breach Notification Rule (2024 update) (2024): Breach notice duties for health apps and similar technologies not covered by HIPAA.

Strain and split context, not scored

Doctors per 10,000
26.5 2022 · OECD 35 of 38
Nurses and midwives per 10,000
124 2024 · OECD 11 of 38
Private insurance + out-of-pocket
11.7% 2023 · OECD 35 of 35
Record reaches private care?
unknown

Compulsory private insurance, counted separately: 31.6% of health spending (2023).

Published stories

  • 2025-12-16 · U.S. Department of Health and Human Services, Office for Civil Rights Six requests and more than a year before a patient got his records
  • 2025-09-30 · U.S. Department of Health and Human Services, Office for Civil Rights Care provider posted patient stories online without written permission

Compare the United States

Cite this brief

In 2026, the United States scored 48 of 100 on a person's right to see, control and share their own health record, rank 55= of 198 countries (likely range 45 to 80) (Mixed; who holds the keys: Institutional). Source: Health Record Rights Index, SuperTruth, this country's data as of 2026-10-02, https://healthrecordrights.com/brief/USA/

Sources for the United States (31)

SuperTruth Inc. · 24 S. 24th St., Philadelphia, PA 19103, USA · +1 215 918 4140 · supertruth.ai
Questions, corrections or a briefing: supertruth.ai/on-the-record#contact · Full index: healthrecordrights.com
OECD: Organisation for Economic Co-operation and Development (38 mostly high-income countries). DTI: SuperTruth's Data Trust Index, grading the evidence behind each score. Everything here comes from public information: laws, government and regulator pages, court decisions, published news, WHO, OECD and World Bank data. Full sources: https://healthrecordrights.com/brief/USA/#sources. SuperTruth built this index and sells health data verification products; no one paid to be included. Research tool, not legal advice. Text and scores CC BY 4.0.