United States · the 50 states and Washington, DC

What your state adds to HIPAA

We read the laws of the 50 states and Washington, DC on seven questions about your health record, on October 3, 2026. In 28 of the 50 states, a law in force requires your OK before at least some businesses outside HIPAA use or share your health data. Washington, DC has no such law in force. In 11 of the 50 states you can sue over misuse of your records in general, and in 19 states at least one rule for AI in care is in force.

Laws read · page updated

This study covers the 50 states and Washington, DC. It does not cover the US territories (Puerto Rico, Guam, the US Virgin Islands, the Northern Mariana Islands and American Samoa).

Not legal advice. This records what each law said on the date we read it. Laws and court orders change. State laws add to the federal floor. The national score rates federal law and national infrastructure and does not change with these state profiles.

Federal law, mainly HIPAA, sets a floor for everyone; our US page explains it. Each state can add to it. For every state we answer the same seven questions, each with the law's name, citation, effective date, the words that matter and a link to the official page. There is no state total and no state rank: the questions are on different scales, and some have no best answer.

The seven questions, state by state

Each square is one state, the same size whatever its area, in roughly its place on the map; Washington, DC sits apart on the right. On the four maps for health data outside HIPAA, the right to sue, breach notice and AI in care, darker means the law in force gives a person more on that one question, never that a state is better overall. The health information exchange question has no best answer, so its colors have no order. Select a square to open that state. Two questions are not drawn: copies, because the answer lives in the details (days, fees and free cases), and sensitive records, because a map of those rules would be read as a political map, which this study does not make. Both are in the table below and on each state's page.

Skip the maps to the table of every answer

Health data outside HIPAA

Do apps and wearables need your OK before sharing health data?

ALAKAZARCACOCTDEFLGAHIIDILINIAKSKYLAMEMDMAMIMNMSMOMTNENVNHNJNMNYNCNDOHOKORPARISCSDTNTXUTVTVAWAWVWIWYDCnot astate
  • Opt-in, written OK to sell 2 states (NV, WA)
  • Opt-in 26 states
  • Opt-out only 1 state (IA)
  • None in force 20 states (17 with no law found; 3 with a law signed, not yet in force)
  • Not checked 1 state (MA)
  • Bar: a law signed, not yet in force; none in force yet (LA, OK, VT; counted above with the lightest class)
  • Dot: a law in force, and another signed (AL, CA, DE)
  • Washington, DC (not a state): No law found
8 laws signed but not yet in force (a bar or a dot on the square)
  • Louisiana: Louisiana Data Privacy Act, consent for sensitive data, in force January 1, 2027
  • Louisiana: Louisiana Data Privacy Act, definition of sensitive data, in force January 1, 2027
  • Oklahoma: Oklahoma Consumer Data Privacy Act (SB 546, 2026), controller duties: sensitive data consent, in force January 1, 2027
  • Vermont: Vermont Data Privacy and Online Surveillance Act; duties of controllers (sensitive data), in force January 1, 2028
  • Vermont: Consumer health data privacy, in force January 1, 2028
  • Alabama: Alabama Personal Data Protection Act: consent for sensitive data, in force May 1, 2027
  • California: CMIA: health care chatbot businesses deemed providers of health care (AB 1979), in force January 1, 2027
  • Delaware: Delaware Personal Data Privacy Act as amended, duties of controllers (sensitive data consent), in force January 1, 2027

Can you say no to sharing through a health information exchange (a network that passes records between doctors)?

ALAKAZARCACOCTDEFLGAHIIDILINIAKSKYLAMEMDMAMIMNMSMOMTNENVNHNJNMNYNCNDOHOKORPARISCSDTNTXUTVTVAWAWVWIWYDCnot astate
  • Opt-in 3 states (MN, NV, NY)
  • Opt-out 31 states
  • No general choice 5 states (CA, MO, TX, VA, WA)
  • No rule found 7 states (6 with no law found; 1 where the rule was repealed)
  • Not checked 4 states (AL, CT, NH, NJ)
  • Dot: a law in force, and another signed (IL)
  • Washington, DC (not a state): Opt-out
One law signed but not yet in force (a bar or a dot on the square)
  • Illinois: Reproductive Health Records Privacy Act, out-of-state disclosure by electronic health networks, in force July 1, 2027

Right to sue

Can you sue if your records are misused?

ALAKAZARCACOCTDEFLGAHIIDILINIAKSKYLAMEMDMAMIMNMSMOMTNENVNHNJNMNYNCNDOHOKORPARISCSDTNTXUTVTVAWAWVWIWYDCnot astate
  • Yes, in general 11 states
  • Narrow case only 31 states
  • No right to sue 7 states (5 with a law in force that does not reach this; 2 with no law found)
  • Not checked 1 state (GA)
  • Dot: a law in force, and another signed (AL, IL, LA, OK)
  • Washington, DC (not a state): Narrow case only
4 laws signed but not yet in force (a bar or a dot on the square)
  • Alabama: Alabama Personal Data Protection Act: enforcement, in force May 1, 2027
  • Illinois: Reproductive Health Records Privacy Act, violations (right to sue electronic health networks), in force July 1, 2027
  • Louisiana: Louisiana Data Privacy Act; enforcement, in force January 1, 2027
  • Oklahoma: Oklahoma Consumer Data Privacy Act (SB 546, 2026), enforcement, in force January 1, 2027

Breach notice

Must you be told if health data leaks in a breach?

ALAKAZARCACOCTDEFLGAHIIDILINIAKSKYLAMEMDMAMIMNMSMOMTNENVNHNJNMNYNCNDOHOKORPARISCSDTNTXUTVTVAWAWVWIWYDCnot astate
  • Medical and insurance data 21 states
  • One of the two 3 states (AR, MT, NV)
  • Neither 25 states
  • Not checked 1 state (GA)
  • Dot: a law in force, and another signed (VT)
  • Washington, DC (not a state): Medical and insurance data
One law signed but not yet in force (a bar or a dot on the square)
  • Vermont: Act 138 (2026), Sec. 1, amending 9 V.S.A. chapter 62, in force January 1, 2027

AI in care

Are there rules for AI used in your care?

ALAKAZARCACOCTDEFLGAHIIDILINIAKSKYLAMEMDMAMIMNMSMOMTNENVNHNJNMNYNCNDOHOKORPARISCSDTNTXUTVTVAWAWVWIWYDCnot astate
  • 3 of 3 rules 1 state (CA)
  • 2 of 3 rules 6 states (CO, IL, ME, NE, RI, TX)
  • 1 of 3 rules 12 states
  • No rules 29 states (6 with a law in force that does not reach this; 21 with no law found; 2 with a law signed, not yet in force)
  • Not checked 2 states (AK, MA)
  • Bar: a law signed, not yet in force; none in force yet (ID, MN; counted above with the lightest class)
  • Dot: a law in force, and another signed (CA, CO, CT, GA, IA, NE, UT, WA)
  • Washington, DC (not a state): No law found
13 laws signed but not yet in force (a bar or a dot on the square)
  • Idaho: Conversational AI Safety Act; operator requirements, in force July 1, 2027
  • Minnesota: Laws 2026, chapter 124, article 3, section 6 (amends 62M.09, subd. 3, utilization review), in force January 1, 2027
  • California: AI clinical decision support: clinician keeps independent judgment (AB 1979), in force January 1, 2027
  • Colorado: Use of AI systems in utilization review, clinician approval of denials, in force January 1, 2027
  • Colorado: Colorado AI Act as repealed and reenacted by SB 26-189, human review and reconsideration, in force January 1, 2027
  • Connecticut: AI companions and minors: limit on offering mental health services, in force January 1, 2027
  • Georgia: SB 444 (2026): AI in utilization review by private review agents, in force January 1, 2027
  • Georgia: SB 540 (2026): Conversational AI services, in force July 1, 2027
  • Iowa: Conversational AI services, mental health care, in force July 1, 2027
  • Nebraska: Conversational Artificial Intelligence Safety Act (LB525, 2026), in force July 1, 2027
  • Utah: Preauthorization: AI disclosure to enrollees (S.B. 319, 2026, Ch. 240), in force January 1, 2027
  • Utah: Preauthorization: adverse determinations by an individual using independent judgment (S.B. 319, 2026, Ch. 240), in force January 1, 2027
  • Washington: Prior authorization: standards, denials (effective January 1, 2027), in force January 1, 2027

Laws read October 3, 2026. Not legal advice. Counts are of the 50 states; Washington, DC is listed on its own line.

Every state, every question

10 answers across the 50 states are "not checked": Alabama (health information exchange), Alaska (AI in care), Connecticut (health information exchange), Georgia (genetic records), Georgia (right to sue), Georgia (breach notice), Massachusetts (health data outside HIPAA), Massachusetts (AI in care), New Hampshire (health information exchange), New Jersey (health information exchange).

The 50 states A to Z, then Washington, DC, which is not a state. Opt-in: shared only after you agree. Opt-out: shared unless you say no. Sensitive records: "All four" means a specific rule is in force for reproductive health, mental health, HIV and genetic records; otherwise the entry names the kinds without one. "+ law signed": a further law is signed but not yet in force. Laws read October 3, 2026. "Not checked" means we did not finish the research; it is not a no. Not legal advice.

Every answer, in words. Laws read October 3, 2026.
StateHealth data outside HIPAAGetting a copyHealth information exchangeSensitive recordsRight to sueBreach noticeAI in care
AlabamaOpt-in + law signedFree copy in some casesNot checkedAll fourNo right to sue + law signedMedical and insurance data1 of 3 rules
AlaskaOpt-inNo law foundOpt-outAll fourNarrow case onlyNeitherNot checked
ArizonaOpt-inFaster, and free in some casesOpt-outAll fourNarrow case onlyMedical and insurance data1 of 3 rules
ArkansasNo law foundNeitherOpt-outAll fourNo right to sueOne of the twoNo law found
CaliforniaOpt-in + law signedFaster, and free in some casesNo general choiceAll fourYes, in generalMedical and insurance data3 of 3 rules + law signed
ColoradoOpt-inFree copy in some cases + law signedOpt-outAll fourNarrow case onlyMedical and insurance data2 of 3 rules + law signed
ConnecticutOpt-inFree copy in some casesNot checkedAll fourNarrow case onlyMedical and insurance dataNo rules + law signed
DelawareOpt-in + law signedOne of twoOpt-outAll fourNarrow case onlyMedical and insurance dataNo law found
FloridaOpt-inFaster, and free in some casesOpt-outAll fourNarrow case onlyMedical and insurance dataNo law found
GeorgiaNo law foundFree copy in some casesOpt-outGenetic: not checkedNot checkedNot checked1 of 3 rules + law signed
HawaiiNo law foundNeitherOpt-outAll fourNarrow case onlyNeitherNo rules
IdahoNo law foundNo law foundNo law foundAll fourNo law foundNeitherSigned; in force from July 1, 2027
IllinoisNo law foundFree copy in some cases + law signedOpt-out + law signedAll fourNarrow case only + law signedMedical and insurance data2 of 3 rules
IndianaOpt-inFree copy in some casesNo law foundAll fourNo right to sueNeither1 of 3 rules
IowaOpt-out onlyFree copy in some casesOpt-outAll fourNarrow case onlyNeither1 of 3 rules + law signed
KansasNo law foundNeitherOpt-outAll fourNarrow case onlyNeitherNo law found
KentuckyOpt-inFree copy in some casesOpt-outAll fourNarrow case onlyNeitherNo law found
LouisianaSigned; in force from January 1, 2027Faster: 15 daysNo law foundAll fourNarrow case only + law signedNeitherNo rules
MaineOpt-inNeitherOpt-outAll fourYes, in generalNeither2 of 3 rules
MarylandOpt-inFree copy in some casesOpt-outAll fourYes, in generalMedical and insurance data1 of 3 rules
MassachusettsNot checkedFree copy in some casesOpt-outAll fourYes, in generalNeitherNot checked
MichiganNo law foundFree copy in some casesOpt-outAll fourNarrow case onlyNeitherNo law found
MinnesotaOpt-inFree copy in some casesOpt-inAll fourYes, in generalNeitherSigned; in force from January 1, 2027
MississippiNo law foundNeitherRepealedGenetic: no law foundNo right to sueNeither1 of 3 rules
MissouriNo law foundNeitherNo general choiceAll fourNarrow case onlyMedical and insurance dataNo law found
MontanaOpt-inFaster: 10 daysOpt-outAll fourYes, in generalOne of the twoNo law found
NebraskaOpt-inFree copy in some casesOpt-outAll fourNo right to sueNeither2 of 3 rules + law signed
NevadaOpt-in, written OK to sellFree copy in some casesOpt-inAll fourNarrow case onlyOne of the two1 of 3 rules
New HampshireOpt-inFaster, and free in some casesNot checkedReproductive health: signed; in force from July 1, 2027Narrow case onlyNeitherNo law found
New JerseyOpt-inFree copy in some casesNot checkedAll fourNarrow case onlyNeitherNo law found
New MexicoNo law foundNeitherOpt-outAll fourNarrow case onlyNeitherNo rules
New YorkNo law foundFree copy in some casesOpt-inAll fourNarrow case onlyMedical and insurance dataNo law found
North CarolinaNo law foundNeitherOpt-outGenetic: no law foundNarrow case onlyNeitherNo law found
North DakotaOpt-inFree copy in some casesOpt-outAll fourNarrow case onlyMedical and insurance dataNo law found
OhioNo law foundFree copy in some casesOpt-outGenetic: no law foundNarrow case onlyNeitherNo law found
OklahomaSigned; in force from January 1, 2027NeitherOpt-outAll fourNarrow case only + law signedNeither1 of 3 rules
OregonOpt-inFaster, and free in some casesNo law foundAll fourYes, in generalMedical and insurance dataNo rules
PennsylvaniaNo law foundNeitherOpt-outGenetic: no law foundNarrow case onlyMedical and insurance dataNo law found
Rhode IslandOpt-inFree copy in some casesOpt-outAll fourYes, in generalMedical and insurance data2 of 3 rules
South CarolinaNo law foundFree copy in some casesNo law foundAll fourNarrow case onlyNeitherNo law found
South DakotaOpt-inNeitherOpt-outAll fourNo law foundMedical and insurance dataNo law found
TennesseeOpt-inFaster, and free in some casesNo law foundAll fourNarrow case onlyNeitherNo rules
TexasOpt-inFaster, and free in some casesNo general choiceAll fourYes, in generalMedical and insurance data2 of 3 rules
UtahOpt-inFree copy in some casesOpt-outAll fourNarrow case onlyNeither1 of 3 rules + law signed
VermontSigned; in force from January 1, 2028Free copy in some casesOpt-outAll fourNarrow case onlyMedical and insurance data + law signed1 of 3 rules
VirginiaOpt-inFree copy in some casesNo general choiceAll fourNarrow case onlyMedical and insurance dataNo law found
WashingtonOpt-in, written OK to sellFaster, and free in some casesNo general choiceAll fourYes, in generalMedical and insurance data1 of 3 rules + law signed
West VirginiaNo law foundFree copy in some casesOpt-outGenetic: no law foundNarrow case onlyNeitherNo law found
WisconsinNo law foundNeitherOpt-outAll fourYes, in generalNeitherNo law found
WyomingOpt-inNeitherOpt-outAll fourNarrow case onlyMedical and insurance dataNo law found
Washington, DC (not a state)No law foundNeitherOpt-outAll fourNarrow case onlyMedical and insurance dataNo law found

How we did this research

This study covers the 50 states and Washington, DC. It does not cover the US territories (Puerto Rico, Guam, the US Virgin Islands, the Northern Mariana Islands and American Samoa).

The plan, the rulebook and every change log are published with the data: the US brief links the data and the paper.

Built by SuperTruth, which checks whether a record can be trusted before an AI acts on it. About SuperTruth · How we used AI

Health Record Rights Index by SuperTruth. Research tool, not legal advice. Text CC BY 4.0.