Legislation
SECTION 2805-Q
Hospital visitation by domestic partner
Public Health (PBH) CHAPTER 45, ARTICLE 28
§ 2805-q. Hospital visitation by domestic partner. 1. No domestic
partner or surrogate as defined by subdivision twenty-nine of section
twenty-nine hundred ninety-four-a of this chapter shall be denied any
rights of visitation of his or her domestic partner or of the patient or
resident for whom he or she is the surrogate, when such rights are
accorded to spouses and next-of-kin at any hospital, nursing home or
health care facility.
2. For purposes of this section only, "domestic partner" means a
person who, with respect to another person:
(a) is formally a party in a domestic partnership or similar
relationship with the other person, entered into pursuant to the laws of
the United States or of any state, local or foreign jurisdiction, or
registered as the domestic partner of the other person with any registry
maintained by the employer of either party or any state, municipality,
or foreign jurisdiction; or
(b) is formally recognized as a beneficiary or covered person under
the other person's employment benefits or health insurance; or
(c) is dependent or mutually interdependent on the other person for
support, as evidenced by the totality of the circumstances indicating a
mutual intent to be domestic partners including but not limited to:
common ownership or joint leasing of real or personal property; common
householding, shared income or shared expenses; children in common;
signs of intent to marry or become domestic partners under paragraph (a)
or (b) of this subdivision; or the length of the personal relationship
of the persons.
3. Each party to a domestic partnership shall be considered to be the
domestic partner of the other party. "Domestic partner" shall not
include a person who is related to the other person by blood in a manner
that would bar marriage to the other person in New York state. "Domestic
partner" also shall not include any person who is less than eighteen
years of age or who is the adopted child of the other person or who is
related by blood in a manner that would bar marriage in New York state
to a person who is the lawful spouse of the other person.
partner or surrogate as defined by subdivision twenty-nine of section
twenty-nine hundred ninety-four-a of this chapter shall be denied any
rights of visitation of his or her domestic partner or of the patient or
resident for whom he or she is the surrogate, when such rights are
accorded to spouses and next-of-kin at any hospital, nursing home or
health care facility.
2. For purposes of this section only, "domestic partner" means a
person who, with respect to another person:
(a) is formally a party in a domestic partnership or similar
relationship with the other person, entered into pursuant to the laws of
the United States or of any state, local or foreign jurisdiction, or
registered as the domestic partner of the other person with any registry
maintained by the employer of either party or any state, municipality,
or foreign jurisdiction; or
(b) is formally recognized as a beneficiary or covered person under
the other person's employment benefits or health insurance; or
(c) is dependent or mutually interdependent on the other person for
support, as evidenced by the totality of the circumstances indicating a
mutual intent to be domestic partners including but not limited to:
common ownership or joint leasing of real or personal property; common
householding, shared income or shared expenses; children in common;
signs of intent to marry or become domestic partners under paragraph (a)
or (b) of this subdivision; or the length of the personal relationship
of the persons.
3. Each party to a domestic partnership shall be considered to be the
domestic partner of the other party. "Domestic partner" shall not
include a person who is related to the other person by blood in a manner
that would bar marriage to the other person in New York state. "Domestic
partner" also shall not include any person who is less than eighteen
years of age or who is the adopted child of the other person or who is
related by blood in a manner that would bar marriage in New York state
to a person who is the lawful spouse of the other person.