NY State Senate Bill 2011-S1143

Senate Bill S1143

2011-2012 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 04, 2012	referred to health
Jan 05, 2011	referred to health

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2011-S1143 (ACTIVE) - Details

See Assembly Version of this Bill:: A3007
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2805-b, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2278, A3372
2013-2014: S2839
2015-2016: S2379
2017-2018: S2266
2019-2020: S5028
2021-2022: S5432
2023-2024: S6845

2011-S1143 (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.

2011-S1143 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1143

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:
2010:  S.2278  Referred to Health
       A.3372  Referred to Health
2008:  S.1981  Referred to Health
       A.3976  Referred to Health
2006:  S.1176  Referred to Health
2004:  S.4269  Referred to Health
       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.

2011-S1143 (ACTIVE) - Bill Text download pdf

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

                                  1143

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

Introduced  by  Sens.  PARKER,  DILAN, DUANE, HASSELL-THOMPSON, KRUEGER,
  MONTGOMERY, SAMPSON, 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-
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02177-01-1

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