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Tennessee and West Virginia: health record laws compared
Tennessee and West Virginia, 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, genetic records 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 | Tennessee | West Virginia |
|---|---|---|
| Health data outside HIPAADo apps and wearables need your OK before sharing health data?differs | Opt-in, for some businessesYes, 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) | 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.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 | Free copy in some casesIn one way: a free copy in at least one case.W. Va. Code 16-29-2(f); W. Va. Code 16-29-2(a) |
| Health information exchangeCan you say no to sharing through a health information exchange (a network that passes records between doctors)?differs | No law foundWe searched the official code and found none.How we searched | Opt-outOpt-out. Your records go through the exchange unless you say no, and there is a published way to say no.WVHIN patient FAQ and opt-out form; WVHIN patient FAQ |
| 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.Tenn. Code Ann. 39-15-219(s)(1), enacted by 2021 Pub. Ch. 348 (HB1181), Section 1 | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.W. Va. Code 16-5-22(a)(9)(B) |
| 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.Tenn. Code Ann. 33-3-103, enacted by 2000 Pub. Ch. 947 (HB3004), Section 1 | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.W. Va. Code 27-3-1(b) |
| HIV recordssame | 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 | Has a ruleYes. A law in force has a specific rule on keeping these records confidential or on who may see them.W. Va. Code 16-3C-3(a) |
| Genetic recordsdiffers | 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) | No law foundWe searched the official code and found none.How we searched |
| 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.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) | Narrow case onlyOnly in a narrow case, such as a data breach or one kind of record. The laws below say which.W. Va. Code 16-3C-5(a); W. Va. Code 16-29-1(c) |
| Breach noticeMust you be told if health data leaks in a breach?same | 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) | NeitherNo. The breach notice law covers neither medical nor health insurance information.W. Va. Code 46A-2A-101(6); W. Va. Code 46A-2A-102(a) |
| AI in careAre there rules for AI used in your care?differs | 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) | 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. Our own words are CC BY 4.0; quoted law and source titles stay with their owners.