NY State Senate Bill 2009-S2278

Senate Bill S2278

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to health
Feb 17, 2009	referred to health

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2009-S2278 (ACTIVE) - Details

See Assembly Version of this Bill:: A3372
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2805-b, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1143, A3007
2013-2014: S2839
2015-2016: S2379
2017-2018: S2266
2019-2020: S5028
2021-2022: S5432
2023-2024: S6845

2009-S2278 (ACTIVE) - Summary

Requires that patient hospital admissions form allow patient to designate a domestic partner with the same privileges as a next-of-kin respecting visitation and the authorizing of surgery for a patient in the absence and unavailability of a next-of-kin or nearest relative where the patient has given no specific instructions and becomes unable to execute a health care proxy or make decisions about his/her health care.

2009-S2278 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2278

 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 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.  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 :
2007: S.1981, 2006: S.1176, 2001-02: A.7813

 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.

2009-S2278 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2278

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 17, 2009
                               ___________

Introduced  by  Sens.  PARKER,  DILAN, DUANE, HASSELL-THOMPSON, KRUEGER,
  MONSERRATE, MONTGOMERY, ONORATO,  SAMPSON,  SCHNEIDERMAN,  SERRANO  --
  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  ASSEM-
BLY, 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 NOTH-
ING  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 SUBDIVI-
SION 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 ADMIS-
SIONS FORM PURSUANT TO THIS SUBDIVISION.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however, that effective immediate-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01696-01-9

S. 2278                             2

ly,  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.

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