What's happening
This bill allows hospital patients in New York to designate a domestic partner for visitation and surgical authorization if no next-of-kin is available.
Why it matters
Allows patients to explicitly name a domestic partner to act as next-of-kin for hospital visitation and surgical authorization. this is especially significant for unmarried couples or those without legal family ties, ensuring their partner can be involved in critical decisions if no legal next-of-kin is available.
Requires hospitals to ask every admitted patient if they want to make such a designation. this proactive approach helps prevent confusion or disputes during emergencies, and ensures patient wishes are documented and clear to hospital staff.
Maintains existing legal hierarchy. by stating that a designated domestic partner’s rights are equal to, but not greater than, those of a next-of-kin, and that any valid health care proxy or living will takes precedence—this protects against unintended overrides of more formal legal documents.
Provides greater inclusivity and legal recognition for diverse family structures. , particularly benefiting LGBTQ+ and other non-traditional families who may otherwise lack automatic legal standing in hospital decision-making.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Let Patients Name Domestic Partners
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
- Referred to health
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2266
2017-2018 Regular Sessions
IN SENATE
January 12, 2017
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Health
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2805-b of the public health law is amended by adding a new subdivision 6 to read as follows:
6. 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 unavailability of a next-of-kin or nearest relative shall have all of the privileges of a next-of-kin respecting visitation and authorization for surgery should the person admitted subsequently become unable to grant such authorization and has given no specific instructions, and becomes unable to execute a health-care proxy or make decisions about his/her health care. Such information shall be listed on the admissions form. 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. Provided, however, that nothing in this subdivision shall be deemed to grant a domestic partner any greater rights or privileges than those that would be recognized for a next-of-kin. Provided, further, however, that nothing in this subdivision shall preclude the use of a health-care proxy or living will or both for such purpose and unless revoked the provisions of such proxy or living will or both shall prevail over any designation made on an admissions form pursuant to this subdivision.
§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law, provided, however, that effective immediately, the addition, amendment and/or repeal of any rules or regulations necessary for the implementation of the foregoing section of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06686-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 unavailability of a next-of-kin or nearest relative shall have all of the privileges of a next-of-kin respecting visitation and authorization and has given no specific instructions, and becomes unable to execute a healthcare 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. Hospitals 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 children, 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
2015-2016: S.2379 Referred to Health 2013-2014: S. 2892 Referred to Health 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 regulations 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.