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Delaware and New York: health record laws compared
Delaware and New York, 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 and health information exchange, 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 | Delaware | New York |
|---|---|---|
| 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).Another law is signed and takes effect January 1, 2027.6 Del. C. § 12D-106(a)(4) [Effective until Jan. 1, 2027]; 6 Del. C. § 12D-102(30) [Effective until Jan. 1, 2027] | 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 for some patientsIn one way: a deadline shorter than 30 days, or a free copy in at least one case.24 Del. C. § 1761(l); 24 Del. C. § 1761(d) | Free copy in some casesIn one way: a free copy in at least one case.N.Y. Public Health Law 18(2)(e), as amended by L.2017, ch.322; N.Y. Public Health Law 18(2)(d), as amended by L.2024, ch.347 |
| 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.1 DE Admin. Code 104, § 2.0 (Delaware Health Care Claims Database Data Access Regulation); 16 Del. C. § 10301(a) | Opt-inOpt-in. Your records go through the exchange only after you agree.10 NYCRR 300.5(a) |
| 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.10 Del. C. § 3926A(b) | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.N.Y. CPLR 3119(g), as amended by L.2025, ch.694 |
| 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.16 Del. C. § 5161(b)(13) | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.N.Y. Mental Hygiene Law 33.13(e) |
| HIV recordssame | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.16 Del. C. § 717(a) | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.N.Y. Public Health Law 2782(1) |
| Genetic recordssame | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.16 Del. C. § 1205(a) | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.N.Y. Civil Rights Law 79-l(3)(a), as added by L.1996, ch.497 |
| 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.16 Del. C. § 718(a); 16 Del. C. § 1208(c) | Narrow case onlyOnly in a narrow case, such as a data breach or one kind of record. The laws below say which.PHL 2801-d(1); PHL 2803-c(3)(f) |
| Breach noticeMust you be told if health data leaks in a breach?same | Medical and insurance dataYes. The breach notice law covers both medical information and health insurance information.6 Del. C. § 12B-101(7)a.6.; 6 Del. C. § 12B-101(7)a.7. | Medical and insurance dataYes. The breach notice law covers both medical information and health insurance information.N.Y. General Business Law 899-aa(1)(b)(i)(6)-(7), added by L.2024, ch.613, as amended by A.920 (2025) |
| AI in careAre there rules for AI used in your care?same | No law foundWe searched the official code and found none.24 Del. C. § 1720(k) | No law foundWe searched the official code and found none.How we searched |
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.