Text of NY A 3372 (2010)

S T A T E O F N E W Y O R K ________________________________________________________________________ 3372 2009-2010 Regular Sessions I N A S S E M B L Y January 27, 2009 ___________ Introduced by M. of A. PERRY -- Multi-Sponsored by -- M. of A. AUBRY, BROOK-KRASNY, COOK, ENGLEBRIGHT, ESPAILLAT, GLICK, HOOPER, JAFFEE, JOHN, MAYERSOHN, MENG, MILLMAN, PEOPLES, 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. LBD01696-01-9 A. 3372 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.