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Washington and West Virginia: health record laws compared
Washington 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, right to sue, 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 | Washington | West Virginia |
|---|---|---|
| Health data outside HIPAADo apps and wearables need your OK before sharing health data?differs | Opt-in, written OK to sellYes. A consumer health data law requires your OK before a business collects or shares health data, and your signed permission before it sells it.RCW 19.373.030; RCW 19.373.070 | 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.RCW 70.02.080; RCW 70.02.030(2)(b) | 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 general choiceNo general choice. Sharing through the exchange follows HIPAA's rules, and no state rule or exchange policy offers a general choice.OneHealthPort HIE Participation Agreement, Version 1, effective 2026-07-01; RCW 41.05.039 | 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.RCW 7.115.020(3) | 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.Another law is signed and takes effect June 30, 2027.RCW 70.02.230; RCW 70.02.230 (as amended by Laws of 2025 ch. 58 sec. 5129) | 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.RCW 70.02.220; RCW 70.24.017(12) | 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.RCW 26.26A.355 | No law foundWe searched the official code and found none.How we searched |
| 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.RCW 70.02.170; RCW 19.373.090 | 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?differs | Medical and insurance dataYes. The breach notice law covers both medical information and health insurance information.RCW 19.255.005(2)(a)(i)(G); RCW 19.255.005(2)(a)(i)(H) | 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 | 1 of 3 rulesOne of the three rules is in force. A licensed clinician decides, not AI alone.Another law is signed and takes effect January 1, 2027.RCW 48.43.830(3) (Laws of 2026 ch. 157 sec. 2); RCW 48.43.830 (Laws of 2026 ch. 157 sec. 3) | 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.