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Arizona and New Mexico: health record laws compared
Arizona and New Mexico, 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, 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. 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 | Arizona | New Mexico |
|---|---|---|
| Health data outside HIPAADo apps and wearables need your OK before sharing health data?differs | Opt-inYes, at least for some businesses. A law in force requires your OK before they use or share your health data (opt-in).A.R.S. 44-8002(A)(2) (Laws 2021, ch. 254, HB 2069); A.R.S. 44-8002(A)(2)(b)(i) | No law foundWe searched the official code and found none.How we searched |
| Getting a copyDo you get a copy faster or free in some cases?differs | Faster, and free in some casesYes, both. A deadline shorter than 30 days, and a free copy in at least one case.A.R.S. 12-2293(E)(1)(a) (Laws 2026, ch. 98, HB 2557); A.R.S. 12-2293(A) (Laws 2026, ch. 98, HB 2557) | NeitherNo. A law is in force, but it adds nothing to HIPAA's terms.NMSA 1978, § 14-6-3; 8.370.6.9 NMAC |
| Health information exchangeCan you say no to sharing through a health information exchange (a network that passes records between doctors)?same | Opt-outOpt-out. Your records go through the exchange unless you say no, and there is a published way to say no.A.R.S. 36-3803 (Laws 2019, ch. 311, SB 1321); A.R.S. 36-3805(A)(1) | Opt-outOpt-out. Your records go through the exchange unless you say no, and there is a published way to say no.NMSA 1978, § 24-14B-6(E); NMSA 1978, § 24-14B-6(G)(3) |
| 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.A.R.S. 36-2163(E) (Laws 2018, ch. 219, SB 1394); Laws 2018, ch. 219 (SB 1394), Sec. 5 | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.NMSA 1978, § 24-35-3; NMSA 1978, § 24-35-6 |
| 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.A.R.S. 36-509(A) | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.NMSA 1978, § 43-1-19 |
| HIV recordssame | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.A.R.S. 36-664(J) (as reenacted by Laws 2022, ch. 246, HB 2433); Laws 2022, ch. 246 (HB 2433), approved May 20, 2022 | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.NMSA 1978, § 24-2B-6 |
| Genetic recordssame | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.A.R.S. 12-2802(A) (Laws 2019, ch. 250, SB 1297); Laws 2019, ch. 250 (SB 1297), approved May 22, 2019 | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.NMSA 1978, § 24-21-3(B) |
| Right to sueCan you sue if your records are misused?same | Narrow case onlyOnly in a narrow case, such as a data breach or one kind of record. The laws below say which.A.R.S. 36-668; A.R.S. 18-552(L) | Narrow case onlyOnly in a narrow case, such as a data breach or one kind of record. The laws below say which.NMSA 1978, § 24-21-6(B); NMSA 1978, § 24-35-8(A) |
| Breach noticeMust you be told if health data leaks in a breach?differs | Medical and insurance dataYes. The breach notice law covers both medical information and health insurance information.A.R.S. 18-551 (Laws 2018, ch. 177, HB 2154); Laws 2018, ch. 177 (HB 2154), approved April 11, 2018 | NeitherNo. The breach notice law covers neither medical nor health insurance information.NMSA 1978, § 57-12C-2(C); NMSA 1978, § 57-12C-6(A) |
| AI in careAre there rules for AI used in your care?differs | 1 of 3 rulesOne of the three rules is in force. A licensed clinician decides, not AI alone.A.R.S. 20-3103 (Laws 2025, ch. 165, HB 2175); A.R.S. 20-3407 (Laws 2025, ch. 165, HB 2175) | No rulesNo. A law is in force, but it has none of the three rules.NMSA 1978, § 61-3-10(Y) |
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.