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.
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?
- 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
Health information exchange
Can you say no to sharing through a health information exchange (a network that passes records between doctors)?
- 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?
- 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?
- 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?
- 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
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.
| State | Health data outside HIPAA | Getting a copy | Health information exchange | Sensitive records | Right to sue | Breach notice | AI in care |
|---|---|---|---|---|---|---|---|
| Alabama | Opt-in + law signed | Free copy in some cases | Not checked | All four | No right to sue + law signed | Medical and insurance data | 1 of 3 rules |
| Alaska | Opt-in | No law found | Opt-out | All four | Narrow case only | Neither | Not checked |
| Arizona | Opt-in | Faster, and free in some cases | Opt-out | All four | Narrow case only | Medical and insurance data | 1 of 3 rules |
| Arkansas | No law found | Neither | Opt-out | All four | No right to sue | One of the two | No law found |
| California | Opt-in + law signed | Faster, and free in some cases | No general choice | All four | Yes, in general | Medical and insurance data | 3 of 3 rules + law signed |
| Colorado | Opt-in | Free copy in some cases + law signed | Opt-out | All four | Narrow case only | Medical and insurance data | 2 of 3 rules + law signed |
| Connecticut | Opt-in | Free copy in some cases | Not checked | All four | Narrow case only | Medical and insurance data | No rules + law signed |
| Delaware | Opt-in + law signed | One of two | Opt-out | All four | Narrow case only | Medical and insurance data | No law found |
| Florida | Opt-in | Faster, and free in some cases | Opt-out | All four | Narrow case only | Medical and insurance data | No law found |
| Georgia | No law found | Free copy in some cases | Opt-out | Genetic: not checked | Not checked | Not checked | 1 of 3 rules + law signed |
| Hawaii | No law found | Neither | Opt-out | All four | Narrow case only | Neither | No rules |
| Idaho | No law found | No law found | No law found | All four | No law found | Neither | Signed; in force from July 1, 2027 |
| Illinois | No law found | Free copy in some cases + law signed | Opt-out + law signed | All four | Narrow case only + law signed | Medical and insurance data | 2 of 3 rules |
| Indiana | Opt-in | Free copy in some cases | No law found | All four | No right to sue | Neither | 1 of 3 rules |
| Iowa | Opt-out only | Free copy in some cases | Opt-out | All four | Narrow case only | Neither | 1 of 3 rules + law signed |
| Kansas | No law found | Neither | Opt-out | All four | Narrow case only | Neither | No law found |
| Kentucky | Opt-in | Free copy in some cases | Opt-out | All four | Narrow case only | Neither | No law found |
| Louisiana | Signed; in force from January 1, 2027 | Faster: 15 days | No law found | All four | Narrow case only + law signed | Neither | No rules |
| Maine | Opt-in | Neither | Opt-out | All four | Yes, in general | Neither | 2 of 3 rules |
| Maryland | Opt-in | Free copy in some cases | Opt-out | All four | Yes, in general | Medical and insurance data | 1 of 3 rules |
| Massachusetts | Not checked | Free copy in some cases | Opt-out | All four | Yes, in general | Neither | Not checked |
| Michigan | No law found | Free copy in some cases | Opt-out | All four | Narrow case only | Neither | No law found |
| Minnesota | Opt-in | Free copy in some cases | Opt-in | All four | Yes, in general | Neither | Signed; in force from January 1, 2027 |
| Mississippi | No law found | Neither | Repealed | Genetic: no law found | No right to sue | Neither | 1 of 3 rules |
| Missouri | No law found | Neither | No general choice | All four | Narrow case only | Medical and insurance data | No law found |
| Montana | Opt-in | Faster: 10 days | Opt-out | All four | Yes, in general | One of the two | No law found |
| Nebraska | Opt-in | Free copy in some cases | Opt-out | All four | No right to sue | Neither | 2 of 3 rules + law signed |
| Nevada | Opt-in, written OK to sell | Free copy in some cases | Opt-in | All four | Narrow case only | One of the two | 1 of 3 rules |
| New Hampshire | Opt-in | Faster, and free in some cases | Not checked | Reproductive health: signed; in force from July 1, 2027 | Narrow case only | Neither | No law found |
| New Jersey | Opt-in | Free copy in some cases | Not checked | All four | Narrow case only | Neither | No law found |
| New Mexico | No law found | Neither | Opt-out | All four | Narrow case only | Neither | No rules |
| New York | No law found | Free copy in some cases | Opt-in | All four | Narrow case only | Medical and insurance data | No law found |
| North Carolina | No law found | Neither | Opt-out | Genetic: no law found | Narrow case only | Neither | No law found |
| North Dakota | Opt-in | Free copy in some cases | Opt-out | All four | Narrow case only | Medical and insurance data | No law found |
| Ohio | No law found | Free copy in some cases | Opt-out | Genetic: no law found | Narrow case only | Neither | No law found |
| Oklahoma | Signed; in force from January 1, 2027 | Neither | Opt-out | All four | Narrow case only + law signed | Neither | 1 of 3 rules |
| Oregon | Opt-in | Faster, and free in some cases | No law found | All four | Yes, in general | Medical and insurance data | No rules |
| Pennsylvania | No law found | Neither | Opt-out | Genetic: no law found | Narrow case only | Medical and insurance data | No law found |
| Rhode Island | Opt-in | Free copy in some cases | Opt-out | All four | Yes, in general | Medical and insurance data | 2 of 3 rules |
| South Carolina | No law found | Free copy in some cases | No law found | All four | Narrow case only | Neither | No law found |
| South Dakota | Opt-in | Neither | Opt-out | All four | No law found | Medical and insurance data | No law found |
| Tennessee | Opt-in | Faster, and free in some cases | No law found | All four | Narrow case only | Neither | No rules |
| Texas | Opt-in | Faster, and free in some cases | No general choice | All four | Yes, in general | Medical and insurance data | 2 of 3 rules |
| Utah | Opt-in | Free copy in some cases | Opt-out | All four | Narrow case only | Neither | 1 of 3 rules + law signed |
| Vermont | Signed; in force from January 1, 2028 | Free copy in some cases | Opt-out | All four | Narrow case only | Medical and insurance data + law signed | 1 of 3 rules |
| Virginia | Opt-in | Free copy in some cases | No general choice | All four | Narrow case only | Medical and insurance data | No law found |
| Washington | Opt-in, written OK to sell | Faster, and free in some cases | No general choice | All four | Yes, in general | Medical and insurance data | 1 of 3 rules + law signed |
| West Virginia | No law found | Free copy in some cases | Opt-out | Genetic: no law found | Narrow case only | Neither | No law found |
| Wisconsin | No law found | Neither | Opt-out | All four | Yes, in general | Neither | No law found |
| Wyoming | Opt-in | Neither | Opt-out | All four | Narrow case only | Medical and insurance data | No law found |
| Washington, DC (not a state) | No law found | Neither | Opt-out | All four | Narrow case only | Medical and insurance data | No 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).
- One agent per state. For each state and for Washington, DC, an AI research agent, built on Anthropic's Claude, read the state's official code and agency pages and filled in the seven questions under a written rulebook, quoting the law and recording the page and date. It could use only official sources as evidence; legal websites, news and law-firm notes could point it to a law but could not prove one.
- A second agent checked each one. A fresh agent re-opened every source, re-read every quote and date, and searched again wherever the first found no law.
- We tested the checker with planted errors. Before the checks ran, we planted 24 wrong answers (a law hidden, an answer moved up a step, a date moved, a word changed in a quote, a source swapped, a citation from another state). The checker caught 24 of 24 (95% interval 86% to 100%). We had set 22 of 24 as the bar in advance.
- A blind re-score. Separate agents, shown only the rulebook and stored copies of the cited pages, answered 150 sampled questions again without seeing our answers. After the rulings below, and with the 52 sampled answers the rulings changed rated again, they agreed with ours on 96% of the questions with levels and on 96% of statuses. Their agreement measure (ICC) was 0.97 (95% interval 0.95 to 0.98); 1 means perfect agreement. Before the rulings, the same measures were 0.98, 98% and 98%. The raters and researchers are the same family of AI model, so they may share blind spots.
- A search of our own misses. Other agents searched from scratch on 25 answers. They found 4 laws our researchers had missed, so every "no law found" answer on those three questions (getting a copy, right to sue, sensitive records) got a second, independent search: 14 answers, of which 8 were confirmed and 6 turned up a law. Those went to the rulings.
- Rulings. Where the checks disagreed, a ruling was drafted by an agent against the law's text and approved by the authors (146 of them, on October 3, 2026); none of those changed an answer's level or value. The authors then ruled on the 98 hardest calls, on 71 answers. The authors ruled on each open question; the full record is in our methods files. Where a ruling leaves a doubt, the answer says so: "current version date not confirmed", or "court order not yet pulled from the court record".
- Changes made during the run, disclosed. We wrote the plan before the research and logged every change to it. Each change that matters is summarized on one page: what changed, when, whether it came after seeing results, and what it did to the answers.
- Kept apart, never scored. Public statistics on whether people are able to use these rights in practice, such as health insurance, internet at home and income, are a separate strand. Each state's page shows them in their own section, with source and period. They are never scored, never mixed into the answers and never used to explain them.
- No state total, no state rank. The questions are on different scales and some have no best answer, so adding them up would be a choice the data cannot defend. State laws add to the federal floor. The national score rates federal law and national infrastructure and does not change with these state profiles.
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.