Designates records and information relating to a patient who has been deceased for a period of fifty years or longer as historic records no longer subject to…

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

• Democratic4

Shown in neutral colors by design; Agora is non-partisan.

◆ The sponsor's argument

Why Patricia Fahy says this is needed

Mental health records are a crucial resource for historians, research- ers, genealogists, and descendants seeking to understand the experiences of individuals who lived in state-operated psychiatric facilities. However, current privacy laws indefinitely restrict access to such records, even when there is no longer a reasonable expectation of priva- cy due to the passage of time. This bill balances the interests of privacy and the public good by establishing a clear, 50-year threshold after which clinical records of deceased individuals are reclassified as historic. Notably, this thresh- old mirrors the revised federal HIPAA privacy rule, which permits the disclosure of health information 50 years after an individual's death. A number of states have adopted this standard into their own laws, reflecting a growing national consensus that this is an appropriate timeframe for preserving individual privacy while enabling historical access. Access to these records also supports important public discourse and scientific understanding. For example, the availability of clinical files from decades past can help demonstrate that conditions such as autism have existed and been documented well before the modern diagnos- tic era. This stands in direct opposition to the harmful and misleading narrative-recently promoted by Secretary Robert F. Kennedy Jr.-that autism is a recent phenomenon caused solely by contemporary environ- mental factors. Public access to historical records allows for a more accurate and evidence-based understanding of mental health history, diagnosis trends, and the evolution of psychiatric care. By clarifying that confidentiality protections no longer apply after this period, the bill enables institutions to respond to public requests for information in a legally sound and administratively manageable way, while explicitly stating that there is no new record retention require- ment. It supports the preservation of history and family heritage while maintaining respect for privacy and administrative capacity. DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION: This version removes privacy protections for the clinical records of those deceased for fifty years or more, expanding access to the records beyond direct descendants.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.