Mental hospital deaths to be disclosed


Gov. Beverly Perdue signed a new law today to require public disclosure of information about those who die in state mental hospitals and other state facilities.

The governor had proposed new laws to shed more light on deaths at state facilities during Sunshine Week last March, Rob Christensen reports.

"This legislation puts the safety of our patients first by ensuring that important information in death records is available to the public," Perdue said in a statement. "By increasing transparency, we will make state facilities more accountable to the people in their care, restore public confidence and rebuild public trust."

This is the second law that was prompted by a series published in The News & Observer last year that outlined abuses in the state mental health system. The other law required that deaths in state facilities be reported to the medical examiner.

More after the jump.

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The law signed by Perdue Friday reverses a policy in the state Department of Health and Human Services. The agency has argued that a little-known patient privacy statute specifically exempts state hospitals from releasing most information about patient deaths.

The new law will require the disclosure of the name sex, age and date of birth of the deceased; the name of the facility providing the report; the date, time and location of the death; a brief description of the circumstances of death, including the manner of death if known; and a list of all entities to whom the event was reported.

"More disclosure can shine a light on problems and help ensure patients' safety," said Attorney General Roy Cooper, who supported the legislation. "Our investigators and prosecutors will continue to enforce the law against those who abuse patients in state facilities."

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Re: Mental hospital deaths to be disclosed

I don't understand. Doesn't the federal HIPAA law require that permission be given before health information can be released? Don't HIPAA rights continue even after death, and doesn't the federal law take precedence over any state law?

A small step just for 'appearances"

It would be nicer if they disclosed the incidences of mistreatment of patients BEFORE they die. Not all patients are mistreated, but I worry more about those abused and neglected than I do death records.

Re: Mental hospital deaths to be disclosed

I really like the self-serving quote from Roy Cooper. The Department of Health and Human Services didn't act on its own to hold these records back. In fact, they relied on Assistant Attorney Generals from Roy Cooper's office for legal advice. They were just following that advice when they didn't give up these records. Yet, Cooper sounds like he knows nothing about that. Clearly, he does. He is just a politician who likes to have it both ways. His attorneys are notorious for their opinions on public records. But, when those opinions get challenged...suddenly a department like DHHS is at fault...rather than the A.G.

Re: Mental hospital deaths to be disclosed

It is pretty sad when it takes a newspaper to force the government to do what it is right.