Requires patient hospital admissions form allow patient to designate a domestic partner with the same privileges as a next-of-kin respecting authorizing surgery

BILL NUMBER:S2839

Title of bill

An act to amend the public health law, in relation to patient hospital admissions form and authorization for visitation and surgery to be made by domestic partners

Purpose or general idea of bill

To require hospitals to recognize a domestic partner as a legal relative for such purpose, if the patient indicates on admission data that such person is a domestic partner or next of kin.

Summary of specific provisions

The public health law is amended by adding a new subdivision 6 to read as follows: The staff of a general hospital shall inquire whether or not the person admitted wishes to designate a person as a domestic partner who in the absence and unavail- ability of a next-of-kin or nearest relative shall have all of the priv- ileges of a next-of-kin respecting visitation and authorization and has given no specific instructions, and becomes unable to execute a health- care proxy or make decisions about his/her health care. The staff shall respect, the wishes of the person admitted respecting such authorization only to the same extent as they would for a person who is the next-of- kin.

Justification

When someone is admitted or receives services from a health care provider, they have to give next of kin information. Hospi- tals usually request the nearest relative information and recognize the nearest relative as the person who can consent on behalf of the patient in case of the need for emergency.

Some hospitals recognize only a legal relative such as a spouse or chil- dren, and will not recognize as next of kin, a girlfriend, boyfriend, or unmarried partner, even though the patient may have lived with that person in a husband or wife capacity. This legislation would enable domestic partners to be recognized by hospitals as next of kin.

Prior legislative history

2011: S.1143/A.3007 Referred to Health 2010: S.2278/A.3372 Referred to Health 2008: S.1981/A.3976 Referred to Health 2006: S.1176 Referred to Health 2004: S.4269/A.6717 Referred to Health

Fiscal, implications

None.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become law, provided, however, that effective immediately, the addition, amendment and/or repeal of any rules or regu- lations necessary for the implementation of the foregoing section of this act on its effective date is authorized and directed to be made and completed on or before such effective date.