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.