HIPAA and Arkansas Health Privacy and Breach Laws

Arkansas practices follow HIPAA plus the Arkansas Personal Information Protection Act, which specifically includes medical information and biometric data and requires attorney general notice for larger breaches.

AT A GLANCE

Arkansas breach law for healthcare

LawPersonal Information Protection Act, Ark. Code §§ 4-110-101 and following
Data coveredIncludes medical information and biometric data, along with Social Security, driver license and financial account numbers
Notice to residentsIn the most expedient time and manner possible, without unreasonable delay
No-harm determinationNotice is not required if there is no reasonable likelihood of harm, but you must keep the written determination and supporting records for five years
Attorney generalRequired if more than 1,000 individuals are affected, within 45 days after determining there is a reasonable likelihood of harm
Other regulated entitiesEntities regulated by laws that provide greater protection and similar disclosure rules are exempt
EnforcementAttorney general, under the Deceptive Trade Practices Act. No private right of action

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What this means for your practice

  • Patient records are in scope. Unlike some neighboring states, Arkansas lists medical information as personal information.
  • Document every decision. If you decide a breach does not require notice, keep that written determination for five years.
  • Plan for two clocks. HIPAA and the 45-day Arkansas AG deadline can both apply to the same incident.
  • Encrypt. The Arkansas law does not apply to properly encrypted data.

FAQ

Frequently asked questions

Does Arkansas breach law cover medical records?

Yes. Medical information is included in the definition of personal information, along with biometric data.

When must we notify the Arkansas attorney general?

If a breach affects more than 1,000 individuals, notify the attorney general within 45 days after determining there is a reasonable likelihood of harm.

Can we skip notice if no harm is likely?

Notice is not required when there is no reasonable likelihood of harm, but you must document that determination and keep it for five years. HIPAA has its own risk assessment standard you must also meet.

Sources: Mintz: Arkansas breach law. This page is general information about the law as of November 2026, not legal advice. Statutes change, so confirm current requirements with your attorney.

Protect your Arkansas practice

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