A09872 Summary:

BILL NOA09872A
 
SAME ASSAME AS S07688
 
SPONSORGlick (MS)
 
COSPNSRHoyt, O'Donnell, John, Eddington, Lavelle, Seddio, Millman, Grannis, Bradley, Perry
 
MLTSPNSRAubry, Bing, Brodsky, Cahill, Christensen, Clark, Cohen A, Cohen M, Cymbrowitz, Diaz R, DiNapoli,Dinowitz, Farrell, Gordon, Gottfried, Green, Grodenchik, Gromack, Hooper, Karben, Klein,Lafayette, McEneny, Nolan, Norman, Ortiz, Paulin, Peralta, Pheffer, Powell, Rivera P, Sidikman,Stringer, Sweeney, Towns
 
Add S2805-q, Pub Health L
 
Prohibits the denial of hospital visitation rights to domestic partners when such rights are accorded to spouses and next-of-kin at any hospital, nursing home or health care facility; and defines "domestic partner".
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A09872 Actions:

BILL NOA09872A
 
02/26/2004referred to health
03/16/2004reported
03/18/2004advanced to third reading cal.116
05/10/2004amended on third reading 9872a
06/03/2004passed assembly
06/03/2004delivered to senate
06/03/2004REFERRED TO RULES
08/12/2004SUBSTITUTED FOR S7688
08/12/20043RD READING CAL.1952
08/12/2004PASSED SENATE
08/12/2004DELIVERED TO ASSEMBLY
09/09/2004delivered to governor
09/21/2004signed chap.471
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A09872 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9872A
 
SPONSOR: Glick (MS)
  TITLE OF BILL: An act to amend the public health law, in relation to hospital visitation rights of domestic partners   PURPOSE OR GENERAL IDEA OF BILL: To provide domestic partners with any rights of visitation to his or her domestic partner, when such rights are accorded to spouses and next-of-kin at any hospital, nursing home or health care facility.   SUMMARY OF SPECIFIC PROVISIONS: The public health law is amended by adding a new section, 2805-q, that provides for visitation rights to domestic partners. "Domestic partner" is, defined as (a) a person 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. (b) a person recognized or covered as a beneficiary under the other person's employment benefits or health insurance, and (c) a person dependent or mutually interdepend- ent on the other person for support, including but not limited to: common ownership of property, common householding, shared income or shared expenses, or children in common. "Domestic partner" shall exclude 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.   JUSTIFICATION: Society and the relationships between individuals are not stagnant, but have changed dramatically in past years, and continue to transform through time. Public policy, in turn, must change to accom- modate these new relationships and acknowledge their importance and legitimacy in our everyday lives. However, public policies have consist- ently discriminated against domestic partners, in almost every aspect of their lives. The laws are outdated and must acknowledge the importance that domestic partners now play in our society and in the lives of New Yorkers. Domestic partners are just as committed to each other as married couples and have the same meaningful relationships, yet are denied many impor- tant benefits that married couples are granted. Included in these denied benefits is hospital visitation rights. Currently, domestic partners are not considered to have a meaningful enough relationship with their domestic partner to be allowed visitation rights. Currently, domestic partners are not considered to have a meaningful enough relationship with their domestic partner to be allowed visitation rights. This is a blatant denial of the importance and legitimacy of the relationship between domestic partners. Many of these individuals live together, care for each other and are committed in life long relationships with one another, yet are not recognized under the law. Legal marriage is not an option for the hundreds of thousands of New Yorkers that are in dome:stic partnerships, yet by denying them the rights that are afforded to married couples, the law has made it impos- sible for them to have legitimate relationships with their loved ones. The public policy of New York State must change to correct this unfair, deliberate discrimination against its citizens, and recognize the chang- ing forms of affection and meaningful relationships that compose our society.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A09872 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9872--A
                                                                Cal. No. 116
 
                   IN ASSEMBLY
 
                                    February 26, 2004
                                       ___________
 
        Introduced by M. of A. GLICK, HOYT, O'DONNELL, JOHN, EDDINGTON, LAVELLE,
          SEDDIO,  MILLMAN,  GRANNIS,  BRADLEY -- Multi-sponsored by -- M. of A.
          AUBRY, BING, BRODSKY, CAHILL, CHRISTENSEN, CLARK, A. COHEN,  M. COHEN,
          CYMBROWITZ,  R. DIAZ,  DiNAPOLI, DINOWITZ, FARRELL, GORDON, GOTTFRIED,

          GREEN, GRODENCHIK, GROMACK, HOOPER, KARBEN, KLEIN, LAFAYETTE, McENENY,
          NOLAN, NORMAN, ORTIZ, PAULIN,  PERALTA,  PHEFFER,  POWELL,  P. RIVERA,
          SIDIKMAN,  STRINGER,  SWEENEY,  TOWNS -- read once and referred to the
          Committee on Health -- reported from committee, advanced  to  a  third
          reading,  amended  and  ordered  reprinted, retaining its place on the
          order of third reading
 
        AN ACT to amend the public health law, in relation to  hospital  visita-
          tion rights of domestic partners
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The public health law is amended by adding  a  new  section
     2  2805-q to read as follows:
     3    §  2805-q.  Hospital  visitation  by  domestic partner. 1. No domestic

     4  partner shall be denied any rights of visitation of his or her  domestic
     5  partner  when such rights are accorded to spouses and next-of-kin at any
     6  hospital, nursing home or health care facility.
     7    2. For purposes of this  section  only,  "domestic  partner"  means  a
     8  person who, with respect to another person:
     9    (a) is formally a party in a domestic partnership or similar relation-
    10  ship  with  the  other  person, entered into pursuant to the laws of the
    11  United States or of any state, local or foreign jurisdiction, or  regis-
    12  tered  as  the  domestic  partner  of the other person with any registry
    13  maintained by the employer of either party or any  state,  municipality,
    14  or foreign jurisdiction; or

    15    (b)  is  formally  recognized as a beneficiary or covered person under
    16  the other person's employment benefits or health insurance; or
    17    (c) is dependent or mutually interdependent on the  other  person  for
    18  support,  as evidenced by the totality of the circumstances indicating a
    19  mutual intent to be domestic partners  including  but  not  limited  to:
    20  common  ownership  or joint leasing of real or personal property; common
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16323-04-4

        A. 9872--A                          2
 
     1  householding, shared income or  shared  expenses;  children  in  common;

     2  signs of intent to marry or become domestic partners under paragraph (a)
     3  or  (b)  of this subdivision; or the length of the personal relationship
     4  of the persons.
     5    3.  Each party to a domestic partnership shall be considered to be the
     6  domestic partner of  the  other  party.  "Domestic  partner"  shall  not
     7  include a person who is related to the other person by blood in a manner
     8  that  would bar marriage to the other person in New York state.  "Domes-
     9  tic partner" also shall not include any person who is less than eighteen
    10  years of age or who is the adopted child of the other person or  who  is
    11  related  by  blood in a manner that would bar marriage in New York state
    12  to a person who is the lawful spouse of the other person.

    13    § 2. This act shall take effect immediately.
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