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Maryland and South Dakota: health record laws compared
Maryland 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 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 | Maryland | South Dakota |
|---|---|---|
| Health data outside HIPAADo apps and wearables need your OK before sharing health data?same | Opt-inYes, at least for some businesses. A law in force requires your OK before they use or share your health data (opt-in).Md. Code, Commercial Law § 14-4707(a)(1)-(2); Ch. 454 of 2024, as amended by Ch. 874 of 2026; Md. Code, Commercial Law § 14-4702; Ch. 454 of 2024 | 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.Md. Code, Health-General § 4-304(c)(5); Ch. 837 and Ch. 838 of 2024 | 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.COMAR 10.25.18.03; COMAR 10.25.18.04A(2) | 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.Md. Code, Health-General § 4-302.5(b); Ch. 248 of 2023 | 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.Md. Code, Health-General § 4-307(c); last amended by Ch. 682 of 2018 | 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.Md. Code, Health-General § 18-201.1(d); Ch. 752 of 2024 | 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.Md. Code, Commercial Law § 14-4404; Ch. 501 of 2022 | 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.Md. Code, Health-General § 4-309(f); reenacted without amendment by Ch. 270 of 2000 | 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?same | Medical and insurance dataYes. The breach notice law covers both medical information and health insurance information.Md. Code, Commercial Law § 14-3501(e)(1)(i)4-5; Ch. 502 of 2022; Md. Code, Commercial Law § 14-3504(b)(3), (h)(1); Ch. 502 of 2022 | 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?differs | 1 of 3 rulesOne of the three rules is in force. A licensed clinician decides, not AI alone.Md. Code, Insurance § 15-10B-05.1(c)(4); Ch. 747 of 2025; Md. Code, Insurance § 15-10A-06(a); phrase added by Ch. 747 of 2025 | 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.