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".
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 The laws are outdated and must acknowledge the importance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.
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.