State Laws Limit Access to Ancestors’ Psychiatric Records
Family members seeking medical history from psychiatric records of long-dead ancestors have reported difficulties due to state privacy laws. Debby Hannigan of New York tried twice to obtain records for her great grandaunt, Breta Meria Conole, but was turned away. Doug Clarke of Alfred, New York, was similarly unable to access his great-grandfather’s records, which he said might explain depression and bipolar syndrome in his family. A federal law, HIPAA, protects health information for 50 years after death, and some states such as Ohio and Maine allow access after that period. New York, however, keeps such records sealed “in perpetuity,” according to the state’s Office of Mental Health. Massachusetts enacted a reform last year making records public that are at least 75 years old or for patients dead at least 50 years. A bill introduced in New York by state Sen. Pat Fahy would designate records of patients deceased for 50 years or longer as historic records, no longer subject to privacy protections. Families also have alternative routes to information, including online services like Ancestry.com, veterans’ military pension files, and old newspapers.
What’s reported
Debby Hannigan sought records for her great grandaunt, Breta Meria Conole, who was in a state psychiatric hospital for over two decades; both requests were denied.
Doug Clarke tried unsuccessfully to get his great-grandfather’s records to understand depression and bipolar syndrome in his family.
HIPAA protects health information for 50 years after a person’s death.
New York allows records to stay sealed “in perpetuity,” according to the state’s Office of Mental Health.
Massachusetts passed a law last year making state hospital records public if they are at least 75 years old or the patient has been dead for 50 years.
New York state Sen. Pat Fahy introduced a bill that would designate records of patients deceased 50 years or longer as historic records.
Other ways to access mental health history include Ancestry.com, veterans’ military pension files, and old newspapers.
In the 1950s, at the peak of institutionalization, more than 500,000 people were in state hospitals in the U.S.
Open questions
The article does not specify how many states besides New York and Massachusetts have restrictive laws, nor does it detail the progress of the New York bill.
Key figures
Debby Hannigan – great grandniece of Breta Meria Conole
Doug Clarke – of Alfred, New York
Dr. Laurence Guttmacher – former clinical director of Rochester Psychiatric Center
Dr. Christine Moutier – chief medical officer, American Foundation for Suicide Prevention
Alexandra Lord – historian writing a book about suicide in her family
Alex Green – member of a Massachusetts commission that discussed abuse
Sen. Pat Fahy – New York state senator (Democrat from Albany area)
Ryan Thibodeau – researcher at St. John Fisher University
Sources: abcnews.com
