What's happening
This bill requires hospitals to let patients designate a domestic partner for visitation and surgery authorization if no next-of-kin is available.
Why it matters
Expands patient autonomy. by allowing individuals without available next-of-kin to formally designate a domestic partner for critical hospital decisions, ensuring their personal relationships are honored in medical situations.
Improves equality for non-married couples. especially LGBTQ+ individuals or those in long-term partnerships—by giving domestic partners the same hospital visitation and surgery authorization rights as next-of-kin when no legal relative is present.
Clarifies legal hierarchy. by specifying that a health-care proxy or living will still takes precedence over a domestic partner designation, reducing potential conflicts and confusion about decision-making authority.
Standardizes hospital procedures. by requiring staff to ask about domestic partner designation during admission and document it, likely leading to more consistent recognition of patients’ wishes and reducing uncertainty during emergencies.
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Who cares
General hospitals and admissions staff
They would have to ask admitted patients whether they wish to designate a domestic partner and record that information on the admissions form.
Patients with domestic partners
They could designate a partner to receive next-of-kin privileges for visitation and surgery authorization under the bill’s conditions if next-of-kin or a nearest relative is absent and unavailable.
Designated domestic partners
They could authorize surgery if the patient subsequently cannot consent or make health care decisions, cannot execute a health-care proxy and has left no specific instructions, but would receive no greater rights than next-of-kin.
Patients with health-care proxies or living wills
Their existing directives would prevail over an admissions-form designation unless revoked.
Headline styles
Domestic Partners Equal Hospital Rights
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
5028
2019-2020 Regular Sessions
IN SENATE
April 3, 2019
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. 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 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.
LBD08345-01-9
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 rela- tive shall have all of the privileges of a next-of-kin respecting visi- tation 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 provid- er, 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 chil- dren, and will not recognize as next of kin, a girlfriend, boy friend, 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
2017-18: S.2266 - REFERRED TO HEALTH 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. Effective immediately, the addition, amendment and/or repeal of any rules or regulations necessary for the implementa- tion 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.