Bill Text: NY S02278 | 2009-2010 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO HEALTH [S02278 Detail]

Download: New_York-2009-S02278-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2278
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 17, 2009
                                      ___________
       Introduced  by  Sens.  PARKER,  DILAN, DUANE, HASSELL-THOMPSON, KRUEGER,
         MONSERRATE, MONTGOMERY, ONORATO,  SAMPSON,  SCHNEIDERMAN,  SERRANO  --
         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    S 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-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01696-01-9
       S. 2278                             2
    1  ly,  the  addition,  amendment and/or repeal of any rules or regulations
    2  necessary for the implementation of the foregoing section of this act on
    3  its effective date is authorized and directed to be made  and  completed
    4  on or before such effective date.