Text of RI S 2498 (2008)

AN ACT RELATING TO HEALTH AND SAFETY - RIGHTS OF NURSING HOME PATIENTS (would extend privacy for visits by domestic partners)

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As introduced

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2008 -- S 2498 ======= LC00818 ======= S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2008 ____________ A N A C T RELATING TO HEALTH AND SAFETY - RIGHTS OF NURSING HOME PATIENTS Introduced By: Senators Miller, C Levesque, Sosnowski, and Pichardo Date Introduced: February 13, 2008 Referred To: Senate Judiciary It is enacted by the General Assembly as follows: SECTION 1. Section 23-17.5-16 of the General Laws in Chapter 23-17.5 entitled "Rights 1 of Nursing Home Patients" is hereby amended to read as follows: 2 23-17.5-16. Married patient. – Patient with spouse or domestic partner. -- (a) If 3 married, or in a relationship with a domestic partner, patients shall be assured privacy for visits by 4 the spouse; or domestic partner if both are inpatients in the facility, they may share a room unless 5 medically contraindicated per written order of the physician and subject to the availability of 6 accommodations within the facility. 7 (b) For purposes of this section, "domestic partner" shall mean a person who shares an 8 exclusive, intimate and committed relationship of mutual caring with the patient and who certifies 9 by affidavit that the patient and domestic partner: 10 (i) are at least eighteen (18) years of age and mentally competent to contact; 11 (ii) are not married to anyone else; 12 (iii) are not related by blood to a degree that would prohibit marriage in the state of 13 Rhode Island; 14 (iv) resided together for at least one year prior to the patients entry into the nursing home; 15 and 16 (v) are financially interdependent as evidenced by at least two (2) of the following: 17 (A) domestic partnership agreement or relationship contract; 18 (B) joint mortgage or joint ownership of primary residence; 19 2 (C) two (2) of: 1 (1) joint ownership of motor vehicle; 2 (2) joint checking account; 3 (3) joint credit account; 4 (4) joint lease; and/or 5 (D) the domestic partner has been designated as a beneficiary for the patients will, 6 retirement contract or life insurance. 7 SECTION 2. This act shall take effect upon passage. 8 ======= LC00818 ======== 3 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO HEALTH AND SAFETY - RIGHTS OF NURSING HOME PATIENTS *** This act would extend privacy for visits by domestic partners. 1 This act would take effect upon passage. 2 ======= LC00818 =======