NY State Senate Bill 2015-S2379

Senate Bill S2379

2015-2016 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

download bill text pdf

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to health
Jan 22, 2015	referred to health

2015-S2379 (ACTIVE) - Details

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
2011-2012: S1143
2013-2014: S2839
2017-2018: S2266
2019-2020: S5028
2021-2022: S5432
2023-2024: S6845

2015-S2379 (ACTIVE) - Summary

Requires that patient hospital admissions form allow a 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.

2015-S2379 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2379

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:

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.

2015-S2379 (ACTIVE) - Bill Text download pdf

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

                                  2379

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

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  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.
                                                           LBD06805-01-5

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