Health record rights in South Carolina: what state law adds
In South Carolina, as of October 3, 2026, we found no law on health data held outside HIPAA; you get a free copy of your record in some cases; we found no law on the health information exchange; reproductive health, mental health, HIV and genetic records each have a specific confidentiality rule; you can sue only in a narrow case; breach notices need not cover medical or health insurance information; and we found no law on AI in care. Each answer below quotes, dates and links the law. There is no state total and no state rank.
Laws read · page updated
Not legal advice. This records what the law said on the date we read it. Laws and court orders change. Read the law itself, or ask a lawyer, before you rely on it. State laws add to the federal floor. The national score rates federal law and national infrastructure and does not change with these state profiles.
Can you sue if your records are misused?Only in a narrow case, such as a data breach or one kind of record. The laws below say which. Same answer in 31 of the 50 states, counting this one.
Federal law, mainly HIPAA, applies in every state; our US page explains it in plain English. Each answer below says what this state adds on top, with the law's name, citation, effective date, the words that matter and a link to the official page.
Do apps and wearables need your OK before sharing health data?
Federal floor: HIPAA does not cover most apps, wearables, websites or data brokers.
No law found We searched the official code and found none.
The researcher's note
Written by the research agent for our records, in the rulebook's shorthand. The answer above is the plain version.
Code search found no consumer health data or comprehensive privacy law. H.5075 (Personal Privacy Protection Act) and H.3401 were not enacted as of the check date.
How we searched (October 3, 2026): the official code search for "consumer health data", "sensitive data", "data broker". Agency pages checked: consumer.sc.gov.
Second check by a separate agent: confirmed.
Do you get a copy faster or free in some cases?
Federal floor: HIPAA gives the provider 30 days, plus one 30-day extension, and allows a cost-based fee. We also count the federal information blocking rule (45 CFR Part 171).
In one way: a free copy in at least one case.
The researcher's note
Written by the research agent for our records, in the rulebook's shorthand. The answer above is the plain version.
Free copy for continuing care counts; HIPAA has no such free case. The 45-day facility deadline is longer than 30 days and does not count. Per-page caps are facts only.
Deadline in the law: 45 days (not shorter than HIPAA's 30).
Free copy: Physician or other owner: records free when the patient is referred to another provider for continuation of treatment (44-115-80(B))
Free copy: Health care facility or Title 40 licensed provider: no fee for records sent to a provider at the patient's request for continuing medical care (44-7-325(A)(2))
Fee rule: 44-115-80(A)(2) and 44-7-325(A)(1)(b): "sixty-five cents per page for the first thirty printed pages and fifty cents per page for all other printed pages, plus a clerical fee not to exceed twenty-five dollars for searching and handling"; paper cap $200 per request (physicians) or per admission (facilities)
Fee rule: Electronic copies: same per-page rates and clerical fee, capped at $150 per request (44-115-80(A)(1), 44-7-325(A)(1)(a))
Fee rule: Search fee may not be charged when no record is found if the patient made the request
Fee rule: All fees adjusted each July 1 by CPI-U South Region
Fee rule: X-ray copies: actual cost of reproduction only (44-115-80(C), 44-7-325(A)(3))
Goes beyond the federal floor: yes.
Physicians' Patient Records Act: fees physician may charge. S.C. Code Ann. 44-115-80(B)
In force · effective · read October 3, 2026 · source(scstatehouse.gov)
must provide a patient's medical records at no charge when the patient is referred by the physician, health care provider, or an employee, agent, or contractor of the owner of the record to another physician or health care provider for continuation of treatment
Who it binds, in our words: A physician, health care provider, or other owner of medical records
Fee for search and duplication of medical record; time limits. S.C. Code Ann. 44-7-325(A)(2)
In force · effective · read October 3, 2026 · source(scstatehouse.gov)
no fee may be charged for records copied at the request of a health care provider or for records sent to a health care provider at the request of the patient for the purpose of continuing medical care
Who it binds, in our words: A health care facility, as defined in Section 44-7-130, and a health care provider licensed pursuant to Title 40
Health care facility deadline to comply with a copy request. S.C. Code Ann. 44-7-325(B)(1)(a)
In force · effective · read October 3, 2026 · source(scstatehouse.gov)
no later than forty-five days after the patient has been discharged or forty-five days after the request is received, whichever is later
Who it binds, in our words: A health care facility shall comply with a request for copies of a medical record
Second check by a separate agent: disputed, then settled by a ruling drafted by an agent against the law's text and approved by the authors on October 3, 2026.
Can you say no to sharing through a health information exchange (a network that passes records between doctors)?
Federal floor: HIPAA lets providers share records for treatment without asking you.
No law found We searched the official code and found none.
The researcher's note
Written by the research agent for our records, in the rulebook's shorthand. The answer above is the plain version.
No statute or regulation found. A BHDD notice says patients may opt out of SCeHA, but no state page designating SCeHA as the state HIE was found. H.3413 (2011) was not enacted.
Are some sensitive records, like mental health or HIV, given extra rules?
These answers record whether a rule exists and what it says. They say nothing about whether any care is legal or available.
Reproductive health records
Yes. A law in force has a specific rule on keeping these records confidential or on who may see them.
The researcher's note
Written by the research agent for our records, in the rulebook's shorthand. The answer above is the plain version.
Abortion reports to the State Registrar must omit patient and physician names. Section 44-41-360 also lets courts seal records to keep a patient's identity from public disclosure in actions under that article.
Abortions must be reported. S.C. Code Ann. 44-41-60
In force · effective · read October 3, 2026 · source(scstatehouse.gov)
The names of the patient and physician may not be reported on the form or otherwise disclosed to the State Registrar.
Who it binds, in our words: Any abortion performed in this State must be reported by the performing physician
Second check by a separate agent: confirmed.
Mental health records
Yes. A law in force has a specific rule on keeping these records confidential or on who may see them.
The researcher's note
Written by the research agent for our records, in the rulebook's shorthand. The answer above is the plain version.
Records identifying a mental health or substance use patient need consent or a listed exception, such as a court order. Violation is a misdemeanor. Section 44-22-90 makes therapist communications privileged.
Confidentiality of records; exceptions; violations and penalties. S.C. Code Ann. 44-22-100(A)
In force · effective · read October 3, 2026 · source(scstatehouse.gov)
must be kept confidential, and must not be disclosed unless:
Who it binds, in our words: Certificates, applications, records, and reports made for the purpose of this chapter
Second check by a separate agent: confirmed.
HIV records
Yes. A law in force has a specific rule on keeping these records confidential or on who may see them.
The researcher's note
Written by the research agent for our records, in the rulebook's shorthand. The answer above is the plain version.
Covers state health department STD records, with HIV named in the section. Section 44-29-136 requires a court order for release to prosecutors. Section 44-29-250 keeps anonymous HIV test results confidential.
Confidentiality of sexually transmitted disease records. S.C. Code Ann. 44-29-135
In force · effective · read October 3, 2026 · source(scstatehouse.gov)
relating to a known or suspected case of a sexually transmitted disease are strictly confidential except as provided in this section. The information must not be released or made public, upon subpoena or otherwise
Who it binds, in our words: All information and records held by the Department of Health and Environmental Control and its agents
Second check by a separate agent: confirmed.
Genetic records
Yes. A law in force has a specific rule on keeping these records confidential or on who may see them.
The researcher's note
Written by the research agent for our records, in the rulebook's shorthand. The answer above is the plain version.
Chapter 38-93 sits in the Insurance title and applies to health insurance coverage, producers and insurance support organizations.
Genetic information: confidentiality; disclosure restrictions and exceptions. S.C. Code Ann. 38-93-40(A)
In force · effective · read October 3, 2026 · source(scstatehouse.gov)
All genetic information obtained before or after the effective date of this chapter must be confidential and must not be disclosed to a third party in a manner that allows identification of the individual tested without first obtaining the written informed consent of that individual
Who it binds, in our words: This chapter applies to health insurance coverage offered in connection with an individual health plan, a group health plan, or a health benefit plan that is delivered, issued for delivery, or renewed in this State.
Second check by a separate agent: confirmed.
Can you sue if your records are misused?
Only in a narrow case, such as a data breach or one kind of record. The laws below say which.
The researcher's note
Written by the research agent for our records, in the rulebook's shorthand. The answer above is the plain version.
Suits allowed for breach notice violations and for genetic information violations in health insurance. No general right to sue found in the medical records acts (44-115, 44-22-100, 44-29-135).
Damages a court may award: None fixed. Breach: damages for wilful and knowing violations, actual damages for negligent ones, injunction, attorney's fees. Genetic: equitable relief and actual damages, costs and attorney's fees.
Breach of security of business data: civil action by injured resident. S.C. Code Ann. 39-1-90(G)
In force · effective · read October 3, 2026 · source(scstatehouse.gov)
institute a civil action to recover damages in case of a wilful and knowing violation
Who it binds, in our words: A resident of this State who is injured by a violation of this section
Genetic information privacy: violations. S.C. Code Ann. 38-93-90(D)
In force · effective · read October 3, 2026 · source(scstatehouse.gov)
An individual who is injured by a person's violation of this chapter may recover in a court of competent jurisdiction the following remedies
Who it binds, in our words: This chapter applies to health insurance coverage offered in connection with an individual health plan, a group health plan, or a health benefit plan that is delivered, issued for delivery, or renewed in this State.
Second check by a separate agent: confirmed.
Must you be told if health data leaks in a breach?
No. The breach notice law covers neither medical nor health insurance information.
The researcher's note
Written by the research agent for our records, in the rulebook's shorthand. The answer above is the plain version.
Listed elements are SSN, license or state ID, financial account data and government identifiers. No medical or health insurance data. Consumer Affairs notice needed above 1,000 persons. Only GLBA and financial institutions get deemed compliance.
Deadline to tell people: in the most expedient time possible and without unreasonable delay.
The attorney general or a regulator must also be told.
Business data, breach of security: definition of personal identifying information. S.C. Code Ann. 39-1-90(D)(3)
In force · effective · read October 3, 2026 · source(scstatehouse.gov)
means the first name or first initial and last name in combination with and linked to any one or more of the following data elements
Who it binds, in our words: A person conducting business in this State, and owning or licensing computerized data or other data that includes personal identifying information
Second check by a separate agent: confirmed.
Are there rules for AI used in your care?
The three rules we look for: you must be told when AI is used in your care; a licensed clinician decides, not AI alone; you can reach a human, or have a human review the decision. Each counts only if the law names health care or health coverage.
No law found We searched the official code and found none.
The researcher's note
Written by the research agent for our records, in the rulebook's shorthand. The answer above is the plain version.
The only code hit for artificial intelligence is a licensee work product rule, not health care. S.920, S.443 and S.788 remained in committee or chamber, not enacted.
These public figures describe conditions that can affect whether people are able to use the rights above, such as health insurance and internet at home. They are not scored, not part of any answer, and not a reason for any answer. Each is the latest the source publishes for the state, checked against the publisher (the Census Bureau or the Bureau of Labor Statistics); grouped under the Healthy People 2030 social determinants of health.
Source and period on every row. Figures from DataSpine, each checked against its publisher. Not scored.
Figure
Value
Source and period
People under 65 without health insuranceHealth care access and quality
11.2%
Small Area Health Insurance Estimates, SAHIE 2024 (single-year model estimate)
Households with a computerHealth care access and quality
92.7%
American Community Survey 5-year, ACS 5-year, 2018 to 2022
Households with a broadband internet subscriptionHealth care access and quality
85.0%
American Community Survey 5-year, ACS 5-year, 2018 to 2022
Households with a smartphone and no other computerHealth care access and quality
11.6%
American Community Survey 5-year, ACS 5-year, 2018 to 2022
Median household incomeEconomic stability
$63,623 (2022 dollars)
American Community Survey 5-year, ACS 5-year, 2018 to 2022
Unemployment rateEconomic stability
4.8%
Local Area Unemployment Statistics, December 2025, monthly, seasonally adjusted
Households without a vehicleNeighborhood and built environment
5.7%
American Community Survey 5-year, ACS 5-year, 2018 to 2022
People who speak a language other than English at homeSocial and community context
7.6%
American Community Survey 5-year, ACS 5-year, 2018 to 2022
Households of one person aged 65 or overSocial and community context
11.9%
American Community Survey 5-year, ACS 5-year, 2018 to 2022
Not shown: the number of people below the poverty line and the number with a bachelor's degree, which are available only as counts, and counts do not compare across states of different size.
Not shown yet, with no checked state figure: Medicare members who also have Medicaid; Medicaid enrollment; primary care supply; social vulnerability, income and jobs; people in nonmetro counties; social vulnerability, housing and transport; social vulnerability, household and minority themes.
Also recorded: a data broker registry
A fact, not part of any answer above. No law found We found no data broker registry law.
Another state
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).
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 by AI agents built on Anthropic's Claude, checked by a second agent and ruled by the authors; how we did it. Research tool, not legal advice. Text CC BY 4.0.
