Privacy Law Library

Health records privacy

VA health records privacy

Health

Recognizes an individual's right of privacy in the content of his or her health records and bars health care entities from disclosing them except as the section or other state law allows. Patients may obtain their records (with audit trails on request) and direct transfers to other providers, and recipients may not redisclose records beyond the authorized purpose without specific authorization.

Where
Virginia
Citation
Va. Code § 32.1-127.1:03
Status
In force
In force since
1997-07-01
Last amended
2026-07-01
Enforced by
Not stated in the section; enforced through health regulatory boards and courts
People can sue
No
Penalties
The section sets no specific penalty.
Applies to
  • Health care entities (health care providers, health plans, and health care clearinghouses) and other persons working in a health care setting (32.1-127.1:03(A)-(B))
  • Does not apply to workers' compensation information, most minors' health records (except where specified), and certain correctional and juvenile facility releases (32.1-127.1:03(C))

Rights it gives people

  • Disclose health records to the individual on request, including an audit trail of changes if specifically requested, and to other health care entities in the format requested.Va. Code § 32.1-127.1:03(A)(1), (A)(4)

Practices it requires

  • Do not disclose an individual's health records except as permitted or required by this section or other state law.Va. Code § 32.1-127.1:03(A)
  • Recipients may not redisclose health records beyond the purpose of the disclosure without the individual's specific authorization.Va. Code § 32.1-127.1:03(A)(3)
  • Fees for copies are limited to reasonable cost-based charges for supplies, labor, postage, and agreed summaries.Va. Code § 32.1-127.1:03(J)

Other duties

  • Written authorizations to release records must contain listed elements and remain effective until revoked in writing or expired.Va. Code § 32.1-127.1:03(G), (L)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Effective dates inferred from Virginia's default July 1 effective date (enacted 1997, c. 682; latest amendment 2026, c. 248); enacting and amending bill pages not checked. Enforcement mechanism not stated in the section.

Research reference, not legal advice.