Senate Bill S2839

2013-2014 Legislative Session

Requires patient hospital admissions form allow patient to designate a domestic partner with the same privileges as a next-of-kin respecting authorizing surgery

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Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-S2839 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §2805-b, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2278
2011-2012: S1143
2015-2016: S2379
2017-2018: S2266
2019-2020: S5028
2021-2022: S5432
2023-2024: S6845

2013-S2839 (ACTIVE) - Summary

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.

2013-S2839 (ACTIVE) - Sponsor Memo

2013-S2839 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2839

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            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:

  Section  1.  Section  2805-b  of  the  public health law is amended by
adding a new subdivision 6 to read as follows:
  6. 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  RELATIVE
SHALL  HAVE ALL OF THE PRIVILEGES OF A NEXT-OF-KIN RESPECTING VISITATION
AND AUTHORIZATION FOR SURGERY SHOULD THE  PERSON  ADMITTED  SUBSEQUENTLY
BECOME  UNABLE  TO  GRANT  SUCH  AUTHORIZATION AND HAS GIVEN NO SPECIFIC
INSTRUCTIONS, AND BECOMES UNABLE TO EXECUTE A HEALTH-CARE PROXY OR  MAKE
DECISIONS  ABOUT  HIS/HER HEALTH CARE.  SUCH INFORMATION SHALL BE LISTED
ON THE ADMISSIONS FORM. 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. PROVIDED, HOWEVER, THAT NOTH-
ING  IN THIS SUBDIVISION SHALL BE DEEMED TO GRANT A DOMESTIC PARTNER ANY
GREATER RIGHTS OR PRIVILEGES THAN THOSE THAT WOULD BE RECOGNIZED  FOR  A
NEXT-OF-KIN.  PROVIDED,  FURTHER, HOWEVER, THAT NOTHING IN THIS SUBDIVI-
SION SHALL PRECLUDE THE USE OF A HEALTH-CARE PROXY  OR  LIVING  WILL  OR
BOTH FOR SUCH PURPOSE AND UNLESS REVOKED THE PROVISIONS OF SUCH PROXY OR
LIVING WILL OR BOTH SHALL PREVAIL OVER ANY DESIGNATION MADE ON AN ADMIS-
SIONS FORM PURSUANT TO THIS SUBDIVISION.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however, that effective immediate-
ly,  the  addition,  amendment and/or repeal of any rules or regulations
necessary for the implementation of the foregoing section of this act on
its effective date is authorized and directed to be made  and  completed
on or before such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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