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Bill

S 8903

Relates to former patients interred at present and former state mental health hospital cemeteries

2025 Regular Session Introduced by Pat Fahy and 2 co-sponsors

Requires state mental health facilities to create and share burial records for former patients, with 30-day access for qualified people and records deemed historical after 50 years

PRINT NUMBER 8903A
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Bill Summary · S 8903

Summary of Bill S.8903-A (2025-2026) – New York

Purpose and intent

  • Establishes a requirement for state mental health facilities to create and provide burial records for former patients interred in state mental health hospital cemeteries.
  • Clarifies access to burial information, expands the scope of records available to identify deceased individuals, and designates certain records as historical after a specified period.

Key provisions and changes

  • Creation of burial records

    • The Department of Health and Office of Mental Health must prepare burial records to memorialize former patients interred at state mental health hospital cemeteries.
    • Records must include: deceased’s name, date of birth, date of death, and burial location.

  • Access and release of records

    • Burial records must be made available within 30 days upon request by a “qualified person” as defined by section 33.16 of the Mental Hygiene Law.
    • Where applicable, additional information may be released to document military service or family relationships.

  • Historical records status

    • Burial records for former patients who have been deceased for 50 years or more shall be considered historical records and no longer confidential.
    • Such records would not be treated as part of a clinical record under section 33.13.

  • Definitions

    • “State mental health hospital” includes any state-funded facility that cared for or cares for individuals with mental illness or developmental disabilities. Examples listed include: Utica State Hospital, Willard Asylum, Central Islip State Hospital, Pilgrim Psychiatric Center, Kings Park Psychiatric Center, Buffalo State Hospital, and others.
    • “Burial records” may include, in addition to basic identifiers, information such as sex, place of birth, place of death, date of burial, burial location, military status and service number, next of kin, and previous home address, if available.

  • No charge for records

    • No fee may be charged for searches and reports of burial records.

  • Public accessibility of cemetery information

    • Current maps showing burial lots, roads, and paths in both present and former state mental health hospital cemeteries must be publicly available.

  • Cemetery information signage

    • A sign with cemetery name, contact phone number, and address must be posted at each cemetery to provide points of contact for burial information.

  • ** permanency and transfer provisions**

    • Burial records and cemetery maps must be retained permanently.
    • If cemetery property or management is transferred to another entity, all burial records and maps must be included in the transfer.

Affected parties

  • Primary beneficiaries/users

    • Qualified individuals seeking information about former patients interred in state mental health hospital cemeteries (e.g., researchers, family members, historians, veterans researchers).

  • State agencies

    • Department of Health and Office of Mental Health are responsible for creating, maintaining, and disclosing burial records and cemetery maps.

  • Cemeteries and cemetery management entities

    • Required to display contact information and preserve records; transfer provisions ensure records accompany property transfers.

Procedural and timeline aspects

  • Timing of access

    • Burial records must be provided within 30 days of a request by a qualified person.

  • Effective date

    • The act takes effect immediately upon enactment.

Potential impact and considerations

  • Enhances transparency and accessibility of historical burial information for former patients.
  • Balances public interest with privacy: records remain confidential until 50 years post-death, after which they become historical and non-confidential.
  • Facilitates memorialization and recognition of individuals interred in state-run facilities.
  • Promotes public awareness by requiring clear signage and current cemetery maps.
  • Requires ongoing data retention and accountability for record-keeping, including during property transfers.

Compiled from official sources — confirm details with the bill’s official record.

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