New York S 8903: Relates to former patients interred at present and former state mental health hospital cemeteries

Bill Text

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S08903 Summary:

BILL NOS08903A

&nbsp

SAME ASSAME AS A10242-A

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SPONSORFAHY

&nbsp

COSPNSRMATTERA, PALUMBO

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MLTSPNSR

&nbsp

Add §33.26, Ment Hyg L

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Provides for the availability of certain records of former patients interred at state mental health hospital cemeteries.

Go to top S08903 Actions:

BILL NOS08903A

&nbsp

01/14/2026REFERRED TO MENTAL HEALTH

05/20/2026AMEND AND RECOMMIT TO MENTAL HEALTH

05/20/2026PRINT NUMBER 8903A

Go to topS08903 Committee&nbspVotes:

Go to topS08903 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS08903 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8903--A

 IN SENATE

 January 14, 2026
 ___________

 Introduced by Sens. FAHY, MATTERA, PALUMBO -- read twice and ordered
 printed, and when printed to be committed to the Committee on Mental
 Health -- committee discharged, bill amended, ordered reprinted as
 amended and recommitted to said committee

 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:

 1 Section 1. The mental hygiene law is amended by adding a new section
 2 33.26 to read as follows:
 3 § 33.26 Burial records.
 4 (a) To mark headstones or otherwise memorialize former patients inter-
 5 red at state mental health hospital cemeteries, the department and the
 6 office of mental health shall make burial records that include the
 7 deceased's name, date of birth, date of death, and burial location
 8 available within thirty days upon request of a qualified person, as
 9 defined by section 33.16 of this article, after the death of a patient.
 10 As applicable, any additional burial records information shall be
 11 released in order to document the deceased's military service or family
 12 relationship. Burial records of former patients of a state mental
 13 health hospital who have been deceased for fifty years or more shall be
 14 considered historical records and no longer confidential or subject to
 15 privacy protections and shall not be considered part of a clinical
 16 record pursuant to section 33.13 of this article.
 17 (b) (i) For the purposes of this section, the term "state mental
 18 health hospital" shall mean any state-funded institution that cares for
 19 or cared for and provides or provided treatment to individuals with a
 20 mental illness or with a developmental disability in the state. Such
 21 term shall include, but not be limited to former asylums for the insane,
 22 such as the New York State Lunatic Asylum, Utica State Hospital, Willard
 23 Asylum for the Insane, Willard State Hospital, New York State Inebriate
 24 Asylum, Binghamton Asylum for the Chronic Insane, Binghamton State
 25 Hospital, Buffalo State Asylum for the Insane, New York State Asylum for
 26 the Insane, Buffalo State Hospital, Kings Park Psychiatric Center,

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13642-05-6

 S. 8903--A 2

 1 Central Islip State Hospital, Pilgrim Psychiatric Center, New York State
 2 Asylum for Idiots and the Asylum for Idiots in Albany.
 3 (ii) For the purposes of this section, the term "burial records" shall
 4 include but not be limited to, the name, sex, date of birth, place of
 5 birth, date of death, place of death, date of burial, burial location,
 6 military status and military service number, and if available next of
 7 kin, and previous home address of the deceased.
 8 (c) No fee shall be charged for a search and report of burial records.
 9 (d) Current maps showing the burial lots, roads and paths in the pres-
 10 ent and former state mental health hospital cemeteries shall be main-
 11 tained and publicly available.
 12 (e) A sign with the name of the cemetery, phone number, and address of
 13 the point of contact for information about burials shall be posted at
 14 each cemetery.
 15 (f) Burial records shall be retained permanently.
 16 (g) In the event that cemetery property or management is transferred
 17 to another entity, all burial records and cemetery maps shall be
 18 included.
 19 § 2. This act shall take ef