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Massachusetts and South Dakota: health record laws compared
Massachusetts and South Dakota, side by side on the seven questions, with the laws read October 3, 2026. They give different answers on getting a copy, right to sue and breach notice, and the same answer on everything else we could compare. We can't compare health data outside HIPAA (not checked in Massachusetts) and AI in care (not checked in Massachusetts).
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 | Massachusetts | South Dakota |
|---|---|---|
| Health data outside HIPAADo apps and wearables need your OK before sharing health data?can't compare | Can't compare: not checked MA page | Opt-inYes, at least for some businesses. A law in force requires your OK before they use or share your health data (opt-in).SDCL 37-24-60 (SL 2026, ch 164, § 2); SDCL 37-24-64 (SL 2026, ch 164, § 6) |
| Getting a copyDo you get a copy faster or free in some cases?differs | Free copy in some casesIn one way: a free copy in at least one case.Mass. Gen. Laws c.111, s.70; Mass. Gen. Laws c.112, s.12CC | NeitherNo. A law is in force, but it adds nothing to HIPAA's terms.SDCL 36-2-16.2 (SL 2023, ch 134, § 2); SDCL 36-2-16.4 (SL 2023, ch 134, § 4) |
| 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.Mass. Gen. Laws c.118I, s.11; 101 CMR 20.07(3) | Opt-outOpt-out. Your records go through the exchange unless you say no, and there is a published way to say no.South Dakota Health Link patient FAQ (HIE policy) |
| 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.Another law is signed and takes effect July 1, 2027.Mass. Gen. Laws c.12C, s.12(b), as amended by Acts 2025 c.16, s.3; Acts 2025 c.16, s.12 (inserting Mass. Gen. Laws c.111, s.70I) | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.SDCL 34-23A-44 (SL 1998, ch 209, § 11; SL 2004, ch 234, § 5); SDCL 34-23A-59.2 (SL 2012, ch 186, § 9) |
| 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.Mass. Gen. Laws c.123, s.36 | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.SDCL 27A-12-26; SDCL 27A-12-25 |
| HIV recordssame | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.Mass. Gen. Laws c.111, s.70F | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.SDCL 34-22-12.1 (SL 1989, ch 296, § 1; SL 2003, ch 184, § 1); SDCL 23A-35B-11 (SL 2012, ch 134, § 4) |
| Genetic recordssame | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.Mass. Gen. Laws c.111, s.70G | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.SDCL 37-24-60 (SL 2026, ch 164, § 2); SDCL 34-14-22 (SL 2001, ch 184, § 2) |
| Right to sueCan you sue if your records are misused?differs | Yes, in generalYes. You can sue over unlawful collection, use or sharing of medical records or health data in general.Mass. Gen. Laws c.111, s.70E; Mass. Gen. Laws c.111, s.70E(b) | No law foundWe searched the official code and found none.How we searched |
| Breach noticeMust you be told if health data leaks in a breach?differs | NeitherNo. The breach notice law covers neither medical nor health insurance information.Mass. Gen. Laws c.93H, s.1; Mass. Gen. Laws c.93H, s.3(b) | Medical and insurance dataYes. The breach notice law covers both medical information and health insurance information.SDCL 22-40-19(4)(d) (SL 2018, ch 135, § 1); SDCL 22-40-20 (SL 2018, ch 135, § 2) |
| AI in careAre there rules for AI used in your care?can't compare | Can't compare: not checked MA page | 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.