Bill Text: NY A03007 | 2011-2012 | 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 16-0)

Status: (Introduced - Dead) 2012-01-04 - referred to health [A03007 Detail]

Download: New_York-2011-A03007-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3007
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 21, 2011
                                      ___________
       Introduced  by  M.  of  A. PERRY, HOYT -- Multi-Sponsored by -- M. of A.
         AUBRY, BROOK-KRASNY, COOK, ENGLEBRIGHT, GLICK, HOOPER, JAFFEE,  MAYER-
         SOHN, MENG, MILLMAN, PEOPLES-STOKES, PHEFFER, SCHROEDER, TOWNS -- read
         once and referred 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.
                                                                  LBD02177-01-1
       A. 3007                             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.