NY State Senate Bill 2019-S5028

Senate Bill S5028

2019-2020 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 08, 2020	referred to health
Apr 03, 2019	referred to health

2019-S5028 (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
2017-2018: S2266
2021-2022: S5432
2023-2024: S6845

2019-S5028 (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.

2019-S5028 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5028

SPONSOR: PARKER
 
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.

2019-S5028 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5028
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               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  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. Effective immediately, the addition, amend-
 ment and/or repeal of any rules or regulations necessary for the  imple-
 mentation 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

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