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A 11146

Relates to the handling of certain unclaimed human remains

2025 Regular Session Introduced by Aron Wieder

The bill requires unclaimed Jewish or Muslim remains to be offered to designated religious organizations to cover burial costs before final disposition.

ORDERED TO THIRD READING RULES CAL.244
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Bill Summary · A 11146

Bill Summary — New York A.11146 (2025-2026 Session)

Overview

  • Title: Relates to the handling of dead bodies
  • Jurisdiction: New York
  • Sponsor: Assembly Member Wieder (Co-sponsor: Aron Wieder)
  • Committee: Health
  • Effective Date: 90 days after enactment

Purpose and Intent

The bill creates a specific process for handling unclaimed remains of deceased individuals who are known to have been of Jewish or Muslim descent. It requires health facilities and funeral-related entities to contact designated charitable and religious organizations to determine whether they are willing to pay for burial expenses, prior to any final disposition (burial, cremation, etc.). The aim is to permit these communities to assume responsibility for burial costs when they are able and willing, thereby potentially ensuring culturally and religiously appropriate disposition of unclaimed remains.

Key Provisions

  1. New Section 4211-a (Cadavers; unclaimed; delivery to religious organizations):

    • Trigger: Applies when a body is unclaimed under existing statute (public health law section 42,200-42,211) and the deceased is known to be Jewish or Muslim.
    • Hospital/Facility Duty: The director or person in charge of any hospital, morgue, or other facility holding unclaimed remains must contact:
      • For Jewish descent:
      • Misaskim
      • Chesed Shel Emes
      • Hebrew Free Burial Association, Inc.
      • For Muslim descent:
      • Janazah Community Funeral Services
      • Or any successor organizations.
    • Action Required: Inquire whether the organization is willing to pay the burial expenses. If willing, arrange for delivery of the body to the agreeing organization.
    • Deliveries: The body must be delivered to the agreeing organization, with custody or control placed there by agreement, rather than by the facility or other entity.

  2. Pre-disposition Verification (Section 4211-a, Clause 2):

    • No unclaimed remains shall be buried, cremated, or otherwise finally disposed of until the remains have been entered into the National Missing and Unidentified Persons System (Namus) or a successor database, per applicable procedures.

  3. Prior Directives Preservation (Section 4211-a, Clause 3):

    • The provisions do not supersede any prior written directives of the deceased regarding anatomical gifts under article 43 of the Public Health Law.

Who Is Affected

  • Facilities and Persons with Custody of Unclaimed Remains: Hospitals, institutions, morgues, funeral directors, or any person holding unclaimed bodies.
  • Religious/Community Organizations: Designated Jewish and Muslim burial organizations (Misaskim, Chesed Shel Emes, Hebrew Free Burial Association, the Janazah Community Funeral Services, and any successors).
  • Communities Served: Jewish and Muslim communities that may provide burial for unclaimed remains and cover associated costs.

Procedural and Timeline Considerations

  • Pre-Disposal Step: Before final disposition, facilities must identify whether a serving organization is willing to cover burial costs and arrange delivery accordingly.
  • Data Entry Requirement: Remains must be entered into Namus (or successor) before final disposition.
  • Effective Date: The act becomes law 90 days after enactment.

Potential Impacts

  • Cultural/Religious Compliance: Supports culturally and religiously appropriate burial by enabling religious organizations to accept unclaimed remains when financially able.
  • Financial Implications: Potential transfer of burial cost responsibility to designated organizations that agree to cover expenses.
  • Administrative Impact: Requires facilities to establish contact with specified organizations and to document Namus entry prior to disposition.

Notes

  • The bill does not override any existing directives the deceased may have left regarding anatomical gifts.
  • If no organization is willing or able to cover costs, normal state procedures for disposition may apply per current law.

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

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