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.
STATE OF NEW YORK
________________________________________________________________________
2839
2013-2014 Regular Sessions
IN SENATE
January 24, 2013
___________
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:
1 Section 1. Section 2805-b of the public health law is amended by
2 adding a new subdivision 6 to read as follows:
3 6. The staff of a general hospital shall inquire whether or not the
4 person admitted wishes to designate a person as a domestic partner who
5 in the absence and unavailability of a next-of-kin or nearest relative
6 shall have all of the privileges of a next-of-kin respecting visitation
7 and authorization for surgery should the person admitted subsequently
8 become unable to grant such authorization and has given no specific
9 instructions, and becomes unable to execute a health-care proxy or make
10 decisions about his/her health care. Such information shall be listed
11 on the admissions form. The staff shall respect the wishes of the person
12 admitted respecting such authorization only to the same extent as they
13 would for a person who is the next-of-kin. Provided, however, that noth-
14 ing in this subdivision shall be deemed to grant a domestic partner any
15 greater rights or privileges than those that would be recognized for a
16 next-of-kin. Provided, further, however, that nothing in this subdivi-
17 sion shall preclude the use of a health-care proxy or living will or
18 both for such purpose and unless revoked the provisions of such proxy or
19 living will or both shall prevail over any designation made on an admis-
20 sions form pursuant to this subdivision.
21 § 2. This act shall take effect on the one hundred twentieth day after
22 it shall have become a law, provided, however, that effective immediate-
23 ly, the addition, amendment and/or repeal of any rules or regulations
24 necessary for the implementation of the foregoing section of this act on
25 its effective date is authorized and directed to be made and completed
26 on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00091-01-3
