Senate Bill S8903

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8903
 
                             I N  S E N A T E
 
                             January 14, 2026
                                ___________
 
 Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation to  former  patients
   interred at present and former state mental health hospital cemeteries
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The mental hygiene law is amended by adding a  new  section
 33.26 to read as follows:
 § 33.26 BURIAL RECORDS.
   (A) TO MARK HEADSTONES OR OTHERWISE MEMORIALIZE FORMER PATIENTS INTER-
 RED  AT  STATE MENTAL HEALTH HOSPITAL CEMETERIES, THE DEPARTMENT AND THE
 OFFICE OF MENTAL HEALTH SHALL  MAKE  BURIAL  RECORDS  THAT  INCLUDE  THE
 DECEASED'S  NAME,  DATE  OF  BIRTH,  DATE  OF DEATH, AND BURIAL LOCATION
 AVAILABLE TO ANYONE WITHIN THIRTY DAYS AFTER THE  DEATH  OF  A  PATIENT.
 ADDITIONAL  BURIAL  RECORDS  INFORMATION  SHALL  BE RELEASED IN ORDER TO
 DOCUMENT THE DECEASED'S MILITARY SERVICE OR FAMILY RELATIONSHIP.
   (B) FOR THE PURPOSES OF THIS SECTION, THE TERM  "STATE  MENTAL  HEALTH
 HOSPITAL"  SHALL  MEAN  ANY  STATE-FUNDED INSTITUTION THAT CARES FOR AND
 HELPS TREAT THE MENTALLY ILL OR DEVELOPMENTALLY DISABLED IN  THE  STATE.
 SUCH  TERM  SHALL  INCLUDE, BUT NOT BE LIMITED TO FORMER ASYLUMS FOR THE
 INSANE, SUCH AS THE NEW YORK STATE LUNATIC ASYLUM, UTICA STATE HOSPITAL,
 WILLARD ASYLUM FOR THE INSANE, WILLARD STATE HOSPITAL,  NEW  YORK  STATE
 INEBRIATE  ASYLUM,  BINGHAMTON ASYLUM FOR THE CHRONIC INSANE, BINGHAMTON
 STATE HOSPITAL, BUFFALO STATE ASYLUM FOR  THE  INSANE,  NEW  YORK  STATE
 ASYLUM  FOR  THE  INSANE, BUFFALO STATE HOSPITAL, KINGS PARK PSYCHIATRIC
 CENTER, CENTRAL ISLIP STATE HOSPITAL, PILGRIM  PSYCHIATRIC  CENTER,  NEW
 YORK STATE ASYLUM FOR IDIOTS AND THE ASYLUM FOR IDIOTS IN ALBANY.
   (C)  FOR  THE PURPOSES OF THIS SECTION, "BURIAL RECORDS" SHALL INCLUDE
 BUT ARE NOT LIMITED TO, NAME, SEX, DATE OF BIRTH, PLACE OF  BIRTH,  DATE
 OF  DEATH,  PLACE  OF  DEATH,  DATE OF BURIAL, BURIAL LOCATION, MILITARY
 STATUS AND MILITARY SERVICE NUMBER,  NEXT  OF  KIN,  AND  PREVIOUS  HOME
 ADDRESS OF THE DECEASED.
   (D) NO FEE SHALL BE CHARGED FOR A SEARCH AND REPORT OF BURIAL RECORDS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13642-01-5
              

 S. 8903                             2
 
   (E) CURRENT MAPS SHOWING THE BURIAL LOTS, ROADS AND PATHS IN THE PRES-
 ENT  AND  FORMER  STATE MENTAL HEALTH HOSPITAL CEMETERIES SHALL BE MAIN-
 TAINED AND PUBLICLY AVAILABLE.
   (F) A SIGN WITH THE NAME OF THE CEMETERY, PHONE NUMBER, AND ADDRESS OF
 THE  POINT  OF  CONTACT FOR INFORMATION ABOUT BURIALS SHALL BE POSTED AT
 EACH CEMETERY.
   (G) BURIAL RECORDS SHALL BE RETAINED PERMANENTLY.
   (H) IN THE EVENT THAT CEMETERY PROPERTY OR MANAGEMENT  IS  TRANSFERRED
 TO  ANOTHER  ENTITY,  ALL  BURIAL  RECORDS  AND  CEMETERY  MAPS SHALL BE
 INCLUDED.
   (I) MEDICAL, STATE MENTAL  HEALTH  HOSPITAL  CLINICAL,  AND  PERSONNEL
 RECORDS OF FORMER PATIENTS WHO ARE BURIED IN PRESENT AND FORMER HOSPITAL
 CEMETERIES SHALL BE KEPT INDEFINITELY.
   §  2.  Paragraph  1  of subdivision (a) of section 33.16 of the mental
 hygiene law, as amended by chapter 226 of the laws of 1991,  is  amended
 to read as follows:
   1. "Clinical  record"  means any information concerning or relating to
 the examination or treatment of an identifiable patient or client  main-
 tained  or possessed by a facility which has treated or is treating such
 patient or client, except data disclosed to a practitioner in confidence
 by other persons on the basis of an express  condition  that  such  data
 would  never  be  disclosed  to  the patient or client or other persons,
 provided that such data has never been disclosed by the practitioner  or
 a  facility  to any other person. If at any time such data is disclosed,
 it shall be  considered  clinical  records  for  the  purposes  of  this
 section.    For  purposes  of this subdivision, "disclosure to any other
 person" shall not include disclosures made pursuant to section 33.13  of
 this  article,  to  practitioners  as part of a consultation or referral
 during the treatment of the patient or client, to the statewide planning
 and research cooperative system, or to the committee or a court pursuant
 to the provisions of this section or to an insurance  carrier  insuring,
 or an attorney consulted by, a facility.  BURIAL RECORDS OF FORMER STATE
 MENTAL  HEALTH HOSPITAL PATIENTS ARE NOT PART OF THE CLINICAL RECORD AND
 SHALL BE MANAGED IN ACCORDANCE WITH SECTION 33.26 OF THIS ARTICLE.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.