N.Y. Pub. Health Law § 2805-Q

Current through 2024 NY Law Chapter 457

Section 2805-Q - Hospital visitation by domestic partner

1. No domestic partner or surrogate as defined by subdivision twenty-nine of section twenty-nine hundred ninety-four-a of this chapter shall be denied any rights of visitation of his or her domestic partner or of the patient or resident for whom he or she is the surrogate, when such rights are accorded to spouses and next-of-kin at any hospital, nursing home or health care facility.

2. For purposes of this section only, "domestic partner" means a person who, with respect to another person:

(a) is formally a party in a domestic partnership or similar relationship with the other person, entered into pursuant to the laws of the United States or of any state, local or foreign jurisdiction, or registered as the domestic partner of the other person with any registry maintained by the employer of either party or any state, municipality, or foreign jurisdiction; or

(b) is formally recognized as a beneficiary or covered person under the other person's employment benefits or health insurance; or

(c) is dependent or mutually interdependent on the other person for support, as evidenced by the totality of the circumstances indicating a mutual intent to be domestic partners including but not limited to: common ownership or joint leasing of real or personal property; common householding, shared income or shared expenses; children in common; signs of intent to marry or become domestic partners under paragraph (a) or (b) of this subdivision; or the length of the personal relationship of the persons.

3. Each party to a domestic partnership shall be considered to be the domestic partner of the other party. "Domestic partner" shall not include a person who is related to the other person by blood in a manner that would bar marriage to the other person in New York state. "Domestic partner" also shall not include any person who is less than eighteen years of age or who is the adopted child of the other person or who is related by blood in a manner that would bar marriage in New York state to a person who is the lawful spouse of the other person.

N.Y. Pub. Health Law § 2805-Q