N.Y. Public Health Law § 2805-q: Hospital visitation by domestic partner

§ 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.