BILL NUMBER: S4306
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 children, and will not recognize as next of kin, an unmarried
partner, even though the patient may have lived with that person in a
husband or wife capacity. This legislation would enable domestic part-
ners to be recognized by hospitals as next of kin.
 
PRIOR LEGISLATIVE HISTORY:
2023-24: S6845 - Referred to Health
2021-22: S.5432 - Referred to Health
2019-20: S.5028 - Referred to Health
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 are
authorized and directed to be made and completed on or before such
effective date.

Statutes affected:
S4306: 2805-b public health law