New York state legislation that will protect patient rights

Oct 4 2004

New York's Governor George E. Pataki has announced that he has signed into law legislation that will further protect patient rights by ensuring that the domestic partners of hospital and nursing home patients are granted visitation rights by hospitals and nursing homes.

"We're proud that New York is a national leader in ensuring patient rights and the legislation I am signing into law will further build on that record," Governor Pataki said. "This new law will ensure that no patient in a hospital or nursing home is denied the comfort of being with their loved ones when they need them the most."

Senator Nick Spano said, "Extending the ability of a Domestic Partner to visit his or her loved one who is in a hospital or a nursing home is simply the right thing to do. All patients need and deserve the comfort factor that a visit from a loved one provides. As the Senate sponsor of this legislation, I am gratified that Governor Pataki has signed it into law. The Governor continues his outstanding record of keeping New York State on the cutting edge of protecting patients' rights."

Assemblywoman Deborah Glick said, "This is but a single step on the road to full equality, but it is critically important that our relationships receive this recognition so that at difficult times, people can provide support to their loved ones."

The new law specifically provides that no domestic partner shall be denied any rights of visitation of his or her domestic partner when such rights are accorded to spouses and next of kin at any hospital, nursing home or health care facility. Domestic partner is specifically defined under the law.

Empire State Pride Agenda Executive Director Alan Van Capelle said, "The Pride Agenda applauds the Governor for signing this bill into law. New Yorkers believe in equality and they clearly believe that same-sex couples and their families should have the same access to each other that all other families have in hospitals and other health-care settings. We are glad our government continues to look for ways to strengthen and support all New York families."

State Health Commissioner Antonia C. Novello, MD., M.P.H., Dr.P.H, said, "This new law further ensures that the rights of patients and their domestic partners are protected. The feelings of anxiety that patients may experience during a hospital stay in many ways are eased by the caring concern and comfort that family and friends provide to them. We are pleased that the Governor has signed this bill."

These specific protections defined in the new measure are consistent with current State law, which require that every patient shall have the right to authorize those family members and other adults who will be given priority to visit, consistent with the patient's ability to receive visitors, as described in the New York State Patient Bill of Rights.