Provides for the availability of certain records of former patients interred at state mental health hospital cemeteries.
Impact
The impact of S08903 on state laws includes a formalization of the procedure for documenting and managing burial records of former patients. With the implementation of this bill, state mental health hospitals will be required to maintain updated maps of cemetery plots and ensure that burial records are retained permanently. This is significant as it creates a legal obligation for historical accuracy and the preservation of patient identities posthumously, reflecting a shift towards honoring the histories of those who have experienced mental health treatment.
Summary
Bill S08903 is designed to amend the mental hygiene law in New York with a focus on the management and accessibility of burial records for former patients who are interred at state mental health hospital cemeteries. The bill stipulates that the Department of Mental Health must ensure that burial records, including key identification details of the deceased, are made available within thirty days of a patient's death. This measure aims to provide transparency and acknowledgment to those who were once patients of state mental health facilities, allowing families and interested parties access to important historical and personal information.
Conclusion
In conclusion, Bill S08903 represents a significant step in acknowledging and improving the historical records of former patients in state mental health care facilities. By mandating the availability and preservation of burial records, the bill not only addresses potential gaps in personal histories but also fosters a greater recognition of the challenges faced by individuals who were treated at these institutions. As this bill progresses, it will be crucial to monitor its reception and any adjustments that may be required to address public concerns.
Contention
Notable points of contention surrounding Bill S08903 revolve around privacy concerns, particularly regarding how and when personal information of deceased individuals is disclosed. While the bill is framed as a preservation of dignity for former patients, there are concerns about the balance between providing access to burial records and protecting the sensitivity of the information contained within those records. Some stakeholders have voiced apprehension that the broader implications of publicly accessible burial records could potentially lead to issues of stigmatization for families of patients from the past.
Relates to orders not to resuscitate and the applicability of the family health care decisions act to residents of mental hygiene hospitals patients who lack decision-making capacity.
Relates to the provision of patient health information and medical records; expands the definition of medical records to include all health related records; prohibits fees for providing certain records.
Prohibits hospitals, health systems, and health care providers from charging facility fees that are not covered by the patient's health insurance carrier.
Allowing healthcare providers to charge fees to furnish a patient's healthcare records and providing for the disclosure of a deceased patient's healthcare records to certain individuals.