Relates to patients interred at state mental health hospital cemeteries; directs the release of the name, birthdate and date of death of certain patients 50 years after the date of death.
TITLE OF BILL: An act to amend the mental hygiene law, in relation to patients interred at state mental health hospital cemeteries
PURPOSE: To mark headstones or otherwise memorialize patients interred at state mental health hospital cemeteries.
SUMMARY OF PROVISIONS: The mental hygiene law is amended by adding a new section, 33.27-a&b.
- Requires that the names, dates of birth and dates of death of patients buried in state mental health hospital cemeteries be made available to mark headstones or otherwise memorialize patients interred at these cemeteries.
- This information shall be made available fifty years after the death of a patient.
Adds a definition for "state mental health hospitals," to mean any state funded institution to care for and help treat the mentally ill or developmentally disabled in New York State, including former asylums for the insane.
JUSTIFICATION: Many state-funded institutions to care for and help treat the mentally ill or developmentally disabled in New York State have cemeteries with formerly interred patients that have unmarked graves. This bill will allow for information to be released to mark the graves of former Patients of these state-funded institutions.
LEGISLATIVE HISTORY: 2012 - Referred to Mental Health and Developmental Disabilities
FISCAL IMPLICATIONS: To be determined
EFFECTIVE DATE: This act shall take effect on the 120th day after becoming law.
STATE OF NEW YORK ________________________________________________________________________ 2514 2013-2014 Regular Sessions IN SENATE January 18, 2013 ___________Introduced by Sen. ROBACH -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Develop- mental Disabilities AN ACT to amend the mental hygiene law, in relation to patients interred at 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 33.27 to read as follows: S 33.27 RELEASE OF CERTAIN PATIENTS' NAMES AND DATES OF BIRTH AND DEATH. (A) TO MARK HEADSTONES OR OTHERWISE MEMORIALIZE PATIENTS INTERRED AT STATE MENTAL HEALTH HOSPITAL CEMETERIES, THE DEPARTMENT OF MENTAL HYGIENE SHALL MAKE AVAILABLE THE NAME, DATE OF BIRTH AND DATE OF DEATH OF PATIENTS BURIED IN STATE MENTAL HEALTH HOSPITAL CEMETERIES FIFTY YEARS AFTER THE DEATH OF A PATIENT. (B) FOR THE PURPOSES OF THIS SECTION, THE TERM "STATE MENTAL HEALTH HOSPITALS" SHALL MEAN ANY STATE-FUNDED INSTITUTION TO CARE FOR AND HELP TREAT THE MENTALLY ILL OR DEVELOPMENTALLY DISABLED IN NEW YORK 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, NEW YORK STATE ASYLUM FOR IDIOTS AND THE ASYLUM FOR IDIOTS IN ALBANY. S 2. 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 is authorized to be made on or before such date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07207-01-3