NY State Senate Bill 2017-S2266

Senate Bill S2266

2017-2018 Legislative Session

Requires patient hospital admissions form to 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to health
Jan 12, 2017	referred to health

2017-S2266 (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
2015-2016: S2379
2019-2020: S5028
2021-2022: S5432
2023-2024: S6845

2017-S2266 (ACTIVE) - Summary

Requires patient hospital admissions form to 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.

2017-S2266 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2266

 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.

2017-S2266 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2266
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             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  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.
   § 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 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

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