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Arkansas and Tennessee: health record laws compared
Arkansas and Tennessee, side by side on the seven questions, with the laws read October 3, 2026. They give different answers on health data outside HIPAA, getting a copy, health information exchange, right to sue, breach notice and AI in care, and the same answer on everything else.
The seven questions, side by side
"Differs" marks a question where the answers are not the same; "same" marks one where they are. "Can't compare" means at least one answer was not checked; a not-checked answer is not a no. Where a question has a map, the small square shows the color each column has on it. Two squares can match where the answers differ: the maps draw "no law found" and "a law with none of the rules" alike. Each citation opens that state's page, with the law quoted, dated and linked. There is no total and no rank: the questions are on different scales, and some have no best answer.
| Question | Arkansas | Tennessee |
|---|---|---|
| Health data outside HIPAADo apps and wearables need your OK before sharing health data?differs | No law foundWe searched the official code and found none.How we searched | Opt-inYes, at least for some businesses. A law in force requires your OK before they use or share your health data (opt-in).2023 Tenn. Pub. Ch. 408 (HB1181), Sec. 2, new section 47-18-3204(a)(6) as numbered in the act (codified in Tenn. Code Ann. Title 47, Ch. 18, Part 33); 2023 Tenn. Pub. Ch. 408 (HB1181), Sec. 2, new section 47-18-3201(26) as numbered in the act (codified in Tenn. Code Ann. Title 47, Ch. 18, Part 33) |
| Getting a copyDo you get a copy faster or free in some cases?differs | NeitherNo. A law is in force, but it adds nothing to HIPAA's terms.Ark. Code § 16-46-106(c)(3), as amended by Act 765 of 2023; Ark. Code § 16-46-106(c)(4)(A), as amended by Act 765 of 2023 | Faster, and free in some casesYes, both. A deadline shorter than 30 days, and a free copy in at least one case.Tenn. Code Ann. 63-2-101(a)(1), as substituted by 2024 Pub. Ch. 831, Section 2; Tenn. Code Ann. 68-11-304(a)(2)(B), as substituted by 2006 Pub. Ch. 691, Section 1 |
| Health information exchangeCan you say no to sharing through a health information exchange (a network that passes records between doctors)?differs | Opt-outOpt-out. Your records go through the exchange unless you say no, and there is a published way to say no.25 CAR § 20-105(b); 25 CAR § 20-107(b)(5) | No law foundWe searched the official code and found none.How we searched |
| 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 recordssame | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.Ark. Code § 20-16-2504(b)(1) (enacted as § 20-16-2404 by Act 560 of 2021) | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.Tenn. Code Ann. 39-15-219(s)(1), enacted by 2021 Pub. Ch. 348 (HB1181), Section 1 |
| Mental health recordssame | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.20 CAR § 416-311(b) | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.Tenn. Code Ann. 33-3-103, enacted by 2000 Pub. Ch. 947 (HB3004), Section 1 |
| HIV recordssame | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.17 CAR § 140-1006(a) | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.Tenn. Code Ann. 68-10-113 (Acts 1988, ch. 695; 1992, ch. 887); Tennessee Department of Health HIPAA Policies and Procedures Manual (revised July 21, 2025), applying Tenn. Code Ann. 68-10-113 |
| Genetic recordssame | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.Ark. Code § 16-43-1101 (Act 1222 of 2001) | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.Tenn. Code Ann. 47-18-4904(a)(3)(A), enacted by 2023 Pub. Ch. 324 (HB1310); Tenn. Code Ann. 47-18-4905, enacted by 2023 Pub. Ch. 324 (HB1310) |
| Right to sueCan you sue if your records are misused?differs | No right to sueNo. Only the attorney general or a regulator can enforce these laws.Ark. Code § 4-110-108 (Act 1526 of 2005) | Narrow case onlyOnly in a narrow case, such as a data breach or one kind of record. The laws below say which.Tenn. Code Ann. 47-18-2107(h), as substituted by 2017 Pub. Ch. 91 (SB547); Tenn. Code Ann. 47-18-3212(e), enacted by 2023 Pub. Ch. 408 (HB1181) |
| Breach noticeMust you be told if health data leaks in a breach?differs | One of the twoPartly. The breach notice law covers one of the two: medical information or health insurance information.Ark. Code § 4-110-103(5) (Act 1526 of 2005); Ark. Code § 4-110-103(7)(D) (Act 1526 of 2005; subdivision (7) last amended by Act 1030 of 2019) | NeitherNo. The breach notice law covers neither medical nor health insurance information.Tenn. Code Ann. 47-18-2107(a)(4), as substituted by 2017 Pub. Ch. 91 (SB547); Tenn. Code Ann. 47-18-2107(b), as substituted by 2017 Pub. Ch. 91 (SB547) |
| AI in careAre there rules for AI used in your care?differs | No law foundWe searched the official code and found none.How we searched | No rulesNo. A law is in force, but it has none of the three rules.Tenn. Code Ann. 33-1-205, enacted by 2026 Pub. Ch. 647 (SB1580) |
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 United States score in the world index rates only federal law and national systems, so these state profiles do not change it.
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Health Record Rights Index by SuperTruth. Research tool, not legal advice. Text CC BY 4.0.