Mississippi 2023 Regular Session

Mississippi Senate Bill SB2797

Introduced
1/16/23  
Refer
1/16/23  
Engrossed
2/3/23  
Refer
2/8/23  
Enrolled
3/6/23  

Caption

Mississippi State Asylum Records; provide procedures and exempt from confidentiality and privilege requirements.

Impact

The impact of SB2797 includes significant amendments to existing Mississippi laws surrounding patient records and confidentiality. The bill stipulates that all information related to patients must be anonymized, and establishes specific procedures for descendants of patients to access records while allowing them the option to opt-out of public disclosure. Notably, the act reveals a shift in handling sensitive health information, emphasizing patient rights to privacy, especially concerning records of individuals who have deceased more recently than fifty years ago. This change aligns with broader trends in health information reform.

Summary

Senate Bill 2797 establishes new regulations concerning the management and accessibility of the Mississippi State Asylum Records. It mandates the permanent transfer of these records from the Mississippi State Hospital to the Rowland Medical Library at the University of Mississippi Medical Center. The bill creates the Asylum Hill Oversight Committee tasked with governing the use and disclosure of these records, ensuring that they are curated according to standards set by archival organizations. This initiative is aimed at enhancing access to historical mental health records while maintaining a structured oversight mechanism.

Sentiment

The general sentiment surrounding SB2797 appears to be supportive, particularly from those who advocate for preserving historical records while balancing privacy concerns. Stakeholders appreciate the transparency the bill aims to achieve, as well as the establishment of an oversight body that is meant to maintain proper governance over sensitive information. However, there may still be challenges ahead as some families of former patients may have differing views on the disclosure of their relatives' information, which could lead to emotional and ethical discussions in future implementations of the law.

Contention

A point of contention might arise from the bill's clause that exempts records of people who have not been deceased for at least fifty years from certain confidentiality norms. While this provision allows for more substantial historical research, it may be viewed as insensitive by descendants who desire to keep their family history private. Additionally, the potential conflict between maintaining medical privacy under HIPAA and the accessibility of these records by the oversight committee will likely be scrutinized in practical applications, necessitating ongoing dialogue and legislative adjustments.

Companion Bills

No companion bills found.

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