ARRESTED John Allen, Director, Office of Mental Health, Office of Consumer Affairs

Hello Friends! My last blog post on October 12, 2016, was entitled, “Good Bye!”  There are a few reasons why I have not written any posts. First of all, I had written over 200 factual articles which required countless hours of research. At this time in my life, I am not willing, nor am I able, to devote that much time sitting in front of my computer. Secondly, the nature of this subject matter is extremely depressing and not good for my mental health. Thirdly, I was tired of banging my head against wall trying to convince the New York State Office of Mental Health to release the names of former patients in an online format, etc. If you have read past posts, I don’t need to fill you in.

A friend of mine contacted me with some very disturbing news about John Allen, Director, Office of Mental Health, Office of Consumer Affairs. Here is his mugshot from the Albany County Jail.

John Allen-Albany County Jail

John Allen-Albany County Jail

This is the man who was in charge of Consumer Affairs. This is the man that everyone had to go through to get answers. This is the man who had total control over what we could and could not learn about our family members; former patients of New York State Hospitals/Asylums, who died YEARS AGO and were buried in anonymous, unmarked graves in the state owned cemeteries of these 26 state run institutions. In my judgement, any deal that was made between the New York State Legislature and John Allen should be null and void. Hopefully, we can start over and write the bill that I wanted written in the first place but I’m not holding my breath. Two years after my last blog post I have reached 507,475 hits without any new blog posts. Read the comments! Clearly, there are people out there who are still searching for help, trying to locate any information on their long lost loved ones!

News10 Albany – By Anya Tucker
Updated: Sep 26, 2018 05:20 PM EDT
https://www.news10.com/news/local-news/former-friend-of-state-employee-accused-of-child-endangerment-in-role-playing-case-speaks-out/1477267891

Times Union Albany – By Paul Nelson
Updated 8:44 pm EDT, Thursday, September 20, 2018
https://www.timesunion.com/7dayarchive/article/Details-emerge-about-ex-state-supervisor-s-13245073.php

Spectrum News – Capital Region
http://spectrumlocalnews.com/nys/capital-region/crime-safety/2018/09/19/state-employee-child-endangerment-arrest

Good Bye!

I started this blog on July 10, 2011, thinking that maybe 5 people would actually read it and find the posts interesting. Five years later, I have created 12 pages, written 211 posts including countless PDF files, published 739 comments, and received 352,795 views. I self-published The Inmates of Willard 1870 to 1900: A Genealogy Resource, on December 17, 2011, with my own money, to further the cause of restoring dignity to the forgotten people who lived and died at New York State Hospitals (Insane Asylums), who had been buried on New York State property in anonymous, unmarked cemeteries and graves for over a century. New York State Senate Bill S840A-2015 became a law on August 18, 2016, but it did not include provisions for a searchable database available to the public as New York State lawmakers and the Office of Mental Health believed that if they did so, they would be sued. Their belief is that putting a name on a memorial or a headstone in public is different than publishing the names on a specific public website (as if no genealogy geek in the future will photograph the graves along with the names and publish them on the internet). This makes no sense to me. I believe that the New York State Office of Mental Health did not want to disclose the names of deceased patients because the burial ledgers may have been carelessly lost or destroyed. They would also have to explain why these cemeteries had never been marked in over 150 years, why they fell into such a state of neglect and disrepair in the first place, and why Kings Park State Hospital Cemetery is being used as a youth baseball field. The following states took a different approach and put searchable databases on the internet available to the public: Kansas; Minnesota; Nebraska; Ohio; TexasMaryland; Florida; Washington; and even Binghamton State Hospital of New York has a searchable list on line.

Monument For The Forgotten-Museum of disABILITY History, Buffalo, NY.

Monument For The Forgotten-Museum of disABILITY History, Buffalo, NY.

The reason why New York State Hospitals / Insane Asylums, Feeble-Minded and Epileptic Custodial Institutions are so important to the world is because there were 26 of them, possibly more. These institutions housed many newly arrived immigrants during the mid 19th and early 20th centuries from all over the world, especially Western Europe. I’m sure that there are plenty of people who would like to know the final resting place of their long, lost ancestor. It just doesn’t seem fair to me that this one stigmatized group of people are being denied the one and only thing that we really have to be remembered by; our name. Even though I initiated the original bill in August 2011 and it was introduced to the New York State Senate by Senator Joseph E. Robach in March 2012, I was never allowed to write it. This is the bill that I would have written:

“This bill is important and necessary in order to restore the dignity and personhood of the thousands of people who were incarcerated and died at former New York State Insane Asylums, (later renamed State Hospitals), Feeble-Minded and Epileptic Custodial Institutions. When the bodies of the inmates were not claimed by family members, they were buried in anonymous, unmarked graves, or, their bodies and brains were given to medical colleges for research. These forgotten souls deserve to have their names remembered and available to the public by means of a searchable internet database. Some of these deceased patients were undoubtedly United States Veterans who served during the Civil War, WWI, WWII, Korea, and Viet Nam, who suffered from PTSD and Shell Shock. Their graves deserve to be marked with the American Flag and honored like any other veteran’s grave.

The list of these former New York State Hospitals includes but is not limited to: Binghamton, Buffalo, Central Islip, CreedmoorDannemora, EdgewoodGowanda, Hudson River, Kings Park, Long Island, Manhattan, Marcy, Matteawan, Middletown, Mohansic, Pilgrim, Rochester, St. Lawrence, SyracuseUtica, and Willard

The Feeble-Minded (Intellectual Disabilities) and Epileptic Custodial Institutions of New York includes but is not limited to: Craig Colony for Epileptics, Letchworth Village for Epileptics & Intellectually Disabled, Newark State School for Intellectually Disabled Women, Rome State School for Intellectually Disabled Adults & Children, and Syracuse State School for Intellectually Disabled Children. There may be more.

There is no good reason why these long deceased souls need to be punished and stigmatized in death for an illness or intellectual disability that they lived with in life. The great majority of these former state hospitals closed in favor of smaller group home settings or changed their names to Psychiatric Centers in the early 1970s. This in turn led to many patients being thrown onto the streets to live in cardboard boxes, or thrown into jail with no psychiatric services, just as they did 150 years ago. I do not understand why anyone would need to have their name withheld from any cemetery list until 50 years had passed after their death. This requirement in the bill only serves to feed the stigma.”

Well, the bill that I wanted didn’t come to pass. I will keep this blog up and running for the purpose of historical research and I might post something now and then but there is nothing left for me to blog about, and I will not continue to bang my head against the wall trying to convince New York State lawmakers and the New York State Office of Mental Health to change their position. So, I will say, Good Bye! A few years ago, I donated $100.00 dollars to the Willard Cemetery Memorial Project and I cannot afford to give any more. If you are so inclined, please donate to the cause or start a cemetery organization of your own. The saddest part of this law is that by the time this organization raises enough money to mark 5,776 graves, I will be too old to care, and I am not aware of any other cemetery organizations for the other 25 New York State institutions. Thank you for all of your support over these past five years! May God Bless You and Your Loved Ones!!

Sincerely, Linda S. Stuhler

QUESTIONS & CONCERNS: CONTACT JOHN ALLEN, Director, Office of Mental Health, Office of Consumer Affairs, Central Office Staff, 44 Holland Avenue, Albany, New York 12229, Phone: (518) 473-6579, Fax: (518) 474-8998.

Photo by Roger Luther at www.nysAsylum.com

Photo by Roger Luther at http://www.nysAsylum.com

THE BAD NEWS: Thousands Remain Nameless!

The New York State Office of Mental Health put on a fabulous “show” at the Willard State Hospital Cemetery on Saturday, May 16, 2015, by allowing ONE man, Lawrence Mocha, an inmate and hospital grave digger, who died 47 years ago, to be remembered with a beautiful ceremony that included a plaque displaying HIS NAME, DATE OF BIRTH, DATE OF DEATH, AND LOCATION OF GRAVE! OH MY GOD! IS HELL FREEZING OVER?

Plaque Honoring Lawrence Mocha

Plaque Honoring Lawrence Mocha

Mr. Mocha was ONE OUT OF 5,776 buried at this cemetery. This ceremony was hosted by the Willard Cemetery Memorial Project. The only reason that the OMH let this ceremony take place was because they were humiliated by an article published in The New York Times by journalist, Dan Barry. Why wasn’t Mr. Barry fined $10,000 by the OMH as they so often threaten? Might they be afraid of The Times and its readership of 1 million people a day?

It has been my belief that the New York State Legislature should pass into law two bills:

  1. New York State needs a law that would release the names, dates of birth and death, and location of graves of ALL deceased patients of ALL 21 former New York State Hospitals and 5 Custodial Institutions which SHOULD BE AVAILABLE AND ACCESSABLE ON THE OMH Website as a searchable data base. All these cemeteries are INACTIVE! There is no reason why anyone has to wait 50 years to be remembered!

AND

  1. An additional law that would release to descendants the medical records and photographs of loved ones who were incarcerated at these institutions 50 years after the patients’ death with the same wording as provided by the new Federal HIPAA legislation of March 2013.

The New York State Office of Mental Health WILL NOT ALLOW the burial ledger of the Willard State Hospital or any New York State Hospital or Custodial Institution to be released to the public. The names of the deceased and the location of their graves must be made available to the public in order that people may find their ancestor, visit the grave, and purchase a headstone if they wish to do so. Withholding their names is unacceptable, dehumanizing, and insulting; it only serves to feed the stigma associated with mental illness. Many of these former patients died over one hundred years ago; they are not under the care of the Office of Mental Health or any government agency. It is important and necessary for a new law in order to restore the dignity and personhood of the THOUSANDS of people who were incarcerated and died at former New York State Hospitals (formerly Insane Asylums), and Custodial Institutions. When the bodies of the inmates/patients were not claimed by family members, they were buried in anonymous, unmarked graves on state owned and county cemeteries. They deserve to have their names remembered and available to the public in a searchable database located at The New York State Office of Mental Health Website.

The NYS Office of Mental Health always sites “Protected Health Information” for their reason as to why they cannot release patient names. Let’s start at the beginning by defining the following: What Is Personal Identifiable Information? AND, What Is Protected Health Information? If you take the time to read these two definitions, you will CLEARLY SEE THAT THESE LAWS AND PROVISIONS WERE WRITTEN FOR THE LIVING, NOT FOR THOSE WHO HAVE BEEN DEAD LONGER THAN 50 YEARS!!!! A BURIAL PERMIT, which can be obtained in every County Clerk’s Office in the State of New York, is not covered under any state or federal privacy law. Old Books, Burial Ledgers, and The United States Federal and State Censuses which are released after 70 years, are not covered under any law that I know of. Birth, Death, and Marriage Certificates can be obtained from the NYS Vital Records page. 145 years have passed since the first person was buried at the Willard Asylum in 1870. It is time to let those nameless souls rest in peace and be remembered!

Anyone can sit at the County Clerk’s Office and sort through all the records pertaining to any state hospital or custodial institution but the information contained in the burial ledgers would be much more accurate and less time consuming. An inscribed headstone or a name on a searchable database would not positively identify a specific individual UNLESS it stated the city, county, state, country of origin, parents, spouses, sibling names, etc. And even then, you would have to claim that person as your ancestor and notify the media that he or she was diagnosed with a mental illness in order for you and your family to be “stigmatized.” Come On! This Is The Twenty-First Century! Privacy ends at death and according to the new HIPAA Law, Confidentiality Of Medical Records only lasts for 50 years after death of an individual.

The real reason why the OMH does not want to publish this information is simple. They don’t want you to know how badly they’ve screwed up!

EXAMPLES:
I have been told over and over again that one of the cemeteries on the former KINGS PARK STATE HOSPITAL property is being used as a youth baseball field. This had to have been approved by the NYSOMH. As far as I know, the bodies were never moved. I wonder how the families of patients buried at this site would feel if they knew that their loved one’s grave was being disrespected in this way? If this information is incorrect, I apologize.

What about all the VETERANS from the Civil War, WWI, WWII, Korea, and Viet Nam that are buried in these former NYS Hospital Cemeteries. Don’t they have a right to be remembered with a marker?

The NAMES of deceased patients buried at the former BINGHAMTON STATE HOSPITAL Cemetery are already online in a searchable database. The burial ledger was found in the trash. AND, in 2014, Glass Photo Negatives of Patients were discovered in a pile of pigeon poop at Binghamton’s Historic Asylum. If these old photographs and burial ledgers are so important, then why were they found in the trash?

At the former MIDDLETOWN HOMEOPATHIC STATE HOSPITAL patient records were left in boxes which were photographed and put on the internet. Looks like the staff left in a hurry! These facilities closed in 1995.

Someone from the former GOWANDA STATE HOSPITAL gave the burial ledger to The Museum of disABILITY History for safe keeping. Thank God! The names are on display at the museum.

Why is the largest mental health facility in New York State the Prison at Riker’s Island?

If medical records for the recently departed are protected, then why was Sally Green’s Anonymous Burial and a detailed story printed all over the news in February 2012?

Lastly, and most importantly, The OMH would have to release 21 State Hospital and 5 Custodial Institution Burial Ledgers. Do they even have them?

The list of these former New York State Hospitals includes but is not limited to: Binghamton, Buffalo, Central Islip, CreedmoorDannemora, EdgewoodGowanda, Hudson River, Kings Park, Long Island, Manhattan, Marcy, Matteawan, Middletown, Mohansic, Pilgrim, Rochester, St. Lawrence, SyracuseUtica, and Willard

The Feeble-Minded (Intellectual Disabilities) and Epileptic Custodial Institutions of New York includes but is not limited to: Craig Colony for Epileptics, Letchworth Village for Epileptics & Intellectually Disabled, Newark State School for Intellectually Disabled Women, Rome State School for Intellectually Disabled Adults & Children, and Syracuse State School for Intellectually Disabled Children.

Please check out and share the NAMES page.

More Reading:

Mental Illness & Ignorance

They’re Buried Where? May 24, 2013

Mental Illness & Prisons

My Story

1896 New York State Commission in Lunacy

Before you read The New York Times Article, I have given a brief explanation of what the New York State Commission in Lunacy was and who it was responsible for. It eventually morphed into the present day New York State Office of Mental Health. Instead of a president, the head of the OMH is the commissioner.

“The commission is composed of a physician, who is its president, a lawyer and a layman, aiming thereby to secure due attention to the medical, the legal and the material or business matters which concern the insane and the institutions for their custody and care. The commission collectively and individually is invested with a wide range of powers and is charged with a corresponding extent and variety of duties.”

“The commissioners are paid for their services as follows: To the medical member, $5,000 per annum; to the legal member, $3,000 per annum; to the lay member, $10 per day for each day of actual service; and to each member an allowance of $100 per month in lieu of all expenses for travel or other purposes.”

“Under the amended constitution of the State which took effect on January 1, 1895, the commission is raised from a legislative to a constitutional body, and made a permanent branch of the State government. It is endowed with sole and exclusive jurisdiction over the insane and over all institutions, public or private, for their custody; but it has been relieved from all connection with or charge of the idiotic, the epileptic and feeble-minded, or other defective and dependent classes. Its present composition, on the threefold basis above referred to, is calculated to insure efficiency in performance and success in administrative results in a larger measure than could be attained by perhaps any different arrangement.”

SOURCE: Report of the Investigation of the State Commission in Lunacy, and the State Hospitals for the Insane, by the Subcommittee of the Senate Finance and Assembly Ways and Means Committees. Transmitted to the Legislature May 10, 1895, Albany: James B. Lyon, State Printer, 1895, Pages 4,6,7.

O.M.H. Police Patch-Wikipedia

O.M.H. Police Patch-Wikipedia

LUNACY BOARD’S POWERS.
MANAGER’S CAN MAKE NO EXPENDITURES WITHOUT ITS CONSENT.
President MacDonald of the State Commission Ridicules the Idea that the Patronage of the Hospitals for the Insane Will Go to Politicians –
He Expects Gov. Morton to Make Good Appointments Under the Horton Act.

Dr. Carlos F. MacDonald, President of the State Commission in Lunacy, yesterday ridiculed the notion that the patronage of the State hospitals for the insane would be transferred to politicians through the operation of the Horton act, which was signed by Gov. Morton on Wednesday.

The Governor is empowered by the act to appoint new Boards of Managers for all the State hospitals for the insane except the Homeopathic Hospital at Middletown. The number of managers in each case is to be seven, to be appointed at first for terms of one, two, three, four, five, six, and seven years, and afterward for the full term of seven years.

“I am quite sure” said Dr. MacDonald to a reporter for THE NEW-YORK TIMES, “that Gov. Morton will appoint men and women as managers whose character and standing in the community will be a guarantee of their efficiency and uprightness.

The State Commission in Lunacy is an absolutely non-political body in the performance of its duties, and if it were otherwise I should not be connected with it. While the clause in the Horton act removing the present Board of Managers was not suggested or approved by the Lunacy Commission, I do not believe that the appointment of new boards will make any serious changes in the system at present in vogue.

“Under the act passed in 1893, the Lunacy Commission has large powers of audit and supervision over the various State hospitals for the insane. No expenditure can be incurred by any Board of Managers without its sanction. This rule applies to small things as well as to great ones. No repairs to buildings can be made until the Lunacy Commission has given its consent to the work and to the price which is to be paid for it.

“Most of the staple articles – such as meat, clothing, milk, and so forth – are obtained through contracts, tenders being invited for three, six, or twelve months at a given price, the articles to be supplies as required. These contracts must be submitted to the Lunacy Commission, which sees that there is no serious inequality in price between the tenders from different districts. In some cases the commission uses its powers so as to make several districts combine to purchase their supplies of certain staples from one particular contractor, selected by open competition, to insure the reduction in price which comes from buying goods by the wholesale.

“Supplies for each hospital are now ordered by its steward with the approval of the Medical Superintendent, and therefore the Board of Managers has no power to increase such orders. The appointment of all subordinates in each hospital rests with the Medical Superintendent, under carefully regulated and rigorously observed civil service rules, so that this important branch of the service is not open to the attack of politicians.

“The Medical Superintendent of each State hospital for the insane is, indeed, only after competitive examination, open only to those who have served five years as medical assistants in one the State hospitals for the insane. This is an excellent provision, as it insures promotion for those who devote their abilities to the study of insanity. The Medical Superintendents cannot be removed except for cause.

“The list of managers appointed by Gov. Morton for the Manhattan State Hospital on Ward’s Island is an indication of the class of men and women he will appoint for all the hospitals. These are now Henry E. Howland, George E. Dodge, Mrs. Eleanor Kinnicut, John McAnerney, Isaac N. Seligman, Miss Alice Pine, and George S. Bowdoin.”

The State hospitals for the insane whose managers will go out of office by the terms of the Horton act are the Manhattan State Hospital, the Long Island State Hospital, in Brooklyn; the Hudson River State Hospital, at Poughkeepsie; the Buffalo State Hospital, the Rochester State Hospital, the Binghamton State Hospital, the Utica State Hospital, the St. Lawrence State Hospital, at Ogdensburg; the Willard State Hospital, at Ovid, Seneca County, and the Collins Farm, in Erie County.

The total annual expenditure for these hospitals is upward of $4,000,000. There were 18,269 insane persons confined in the public hospitals of this State on Oct. 1, 1894. These required 3,304 medical and ordinary attendants.

The improvement which has taken place in the State management of the insane in recent years is due in large measure to the increased powers of audit and supervision given to the State Lunacy Commission as a result of disclosures of mismanagement in the Hudson River Hospital and elsewhere in 1892.

Francis R. Gilbert, Deputy Attorney General, was directed by Gov. Flower to make an investigation of the affairs of the Hudson River State Hospital in February, 1893. It was proved that one dealer had had a monopoly of supplying this hospital with meat for the preceding twenty-one years, getting from 2 to 2 ½ cents a pound more than the market price.

It was also shown that the price paid for coal was excessive, and the quantity used extravagant. The attention of the public was directed to this mismanagement chiefly through the columns of THE NEW-YORK TIMES, and the consequence was the introduction of reformed civil service methods in the administration of all the State hospitals for the insane.

SOURCE: The New York Times. Published May 15, 1896. Copyright@The New York Times.

“Lost Luggage, Recovered Lives” by Peter Stastny, MD, and Darby Penney, MLS

The Lives They Left Behind Suitcases From A State Hospital Attic offered a ray of hope for people like me, who had discovered that an ancestor was a former patient who died at Willard State Hospital. I read the book in a day, not being able to put it down. I wanted to know more. I wondered what kind of treatment was given to my great-grandmother, and I wonder to this day. The significance of this book is that no others before Darby Penney and Peter Stastny had ever gone through the patient medical records and personal belongings in order to tell the patient’s side of the story. To learn more, please feel free to download, read, and share “Lost Luggage, Recovered Lives” by Peter Stastny, MD, and Darby Penney, MLS.  

Darby Penney is a leader in the human rights movement for people with psychiatric disabilities. Peter Stastny is a psychiatrist and documentary filmmaker. You may contact Ms. Penney to inquire about your ancestor’s suitcase at: community@capital.net. For more information visit The Lives They Left Behind Suitcases From A State Hospital Attic Website. 

The Lives They Left Behind by Darby Penney & Peter Stastny

The Lives They Left Behind by Darby Penney & Peter Stastny

Within the pages of this book is where I first learned about the anonymous graves at Willard State Hospital Cemetery. Further research led me to the discovery that burying former patients of New York State Hospitals and Custodial Institutions, in numbered, anonymous graves, was not the exception but the rule. As I have stated before, I am a Genealogy Geek who was inspired by Ms. Penney and her book, to get a law passed that will require the NYS Office of Mental Health to release the names; dates of birth and death; and the location of these historic graves, to the public so that these people may be honored and remembered with dignity. Even with the new HIPAA ruling that allows the release of medical records after 50 years from the time of the patient’s death, it appears that the OMH will not comply with the new ruling unless forced to do so. One wonders how and where they got the authority to classify the burial ledgers (cemetery records) in the same category as medical records? Why are the deaths of thousands of people being kept a secret?

Hopefully, the NYSOMH will release historic patient burial information and when they do, it will be a wonderful opportunity to educate the public about what mental illness is; to reassure people that they should not be ashamed; that help is available; and that no one needs to struggle alone. But as of today, they are sticking with “the very fact of one’s mental illness, and receiving professional help for such illness, can, if generally revealed, cause a person to be subjected to prejudice and stigma in one’s personal and professional life.” Does this statement really encourage people to seek help?

“The only exception would be if you believe a patient was buried in one of our cemeteries. If so, then with appropriate family linkage documentation, including birth and death certificates, we could provide you with information on the individual’s burial site.”

One of the first lessons that you learn when researching your family history is that people have common names. In other words, you are not the only person in the world who has your name. Lesson two is, anyone can claim to be anyone’s descendant in order to get a historic copy of a birth, marriage, or death certificate. The state does not know your genealogy, nor do they care because they’re making money on the deal. Note that after spending the money on this documentation, writing a letter, mailing it in, and waiting months for a response from the OMH, they state we could, instead of, we will, provide you with the information.

The following “Frequently Asked Questions” page is posted at NYS Office of Mental Health Last Modified: 11/15/2012.

“Q. Can I get a copy of a birth or death certificate for a family member that was a resident of one of the Office of Mental Health’s facilities?

A. Birth records, death records, and marriage records are considered Vital Records in New York State and generally can be accessed by the public. If you are interested in exploring this option, you can obtain more information on how to obtain these records on the New York State Department of Health’s vital Records website at www.nyhealth.gov

Q. I have been doing genealogy research and have discovered that one of my relatives was a resident at one of the Office of Mental Health facilities. I would like to find out any personal or medical information about them. Can I obtain a copy of these records?

A. The Office of Mental Health is dedicated to the maintenance of privacy and confidentiality of patient information. We feel this is especially true with regard to mental health treatment records. It has long been recognized that the very fact of one’s mental illness, and receiving professional help for such illness, can, if generally revealed, cause a person to be subjected to prejudice and stigma in one’s personal and professional life. We also recognize that effective and lasting psychiatric therapy can take place only in an environment of privacy and trust in which the patient knows that his/her statements will be held in confidence.

New federal regulations that govern the privacy of individually identifying health information, have underscored this requirement. While it has always been our position that a person’s right to confidentiality of clinical information does not change upon his or her death, federal regulations have given us some additional specific guidance on access to records of deceased patients. Therefore, we have recently modified our policy and procedures and require the following before we can provide any information from a deceased patient’s clinical record:

A. Birth records, death records, and marriage records are considered Vital Records in New York State and generally can be accessed by the public. If you are interested in exploring this option, you can obtain more information on how to obtain these records on the New York State Department of Health’s vital Records website at www.nyhealth.gov

B. If you are a family member of the deceased patient and the patient allowed our facility to share information with you while he or she was living, and it is reasonable to assume that the patient did not intend to revoke his or her permission to continue to communicate with you prior to his or her death, we may provide you with basic information about the patient’s condition and circumstances of his or her death, if appropriate.

C. If you are a family member of the deceased patient and the information from the patient’s record is relevant to your own health care, we can release the information to your physician, provided the physician submits a written request to us on your behalf.

D. If you are the executor of the deceased patient’s estate, or if you otherwise have legal authority to act on behalf of the patient or his/her estate, (e.g. you have letters testamentary issued by a court), we can release information to you upon your written request which documents and attests to your legal authority to act on behalf of the deceased patient. We can also release information to you if you obtain and provide us with the written consent from the executor or legal representative of the deceased patient.

E. In all of these cases, we are required to review the record prior to its release to ensure it does not infringe upon the privacy rights of any other individual who may be named in the record.

The only exception would be if you believe a patient was buried in one of our cemeteries. If so, then with appropriate family linkage documentation, including birth and death certificates, we could provide you with information on the individual’s burial site. Requests should be sent to John Allen, Consumer Affairs, NYS Office of Mental Health, 44 Holland Avenue, Albany, NY 12229.”