§ 2805-q. Hospital visitation by domestic partner. 1. No domestic\npartner or surrogate as defined by subdivision twenty-nine of section\ntwenty-nine hundred ninety-four-a of this chapter shall be denied any\nrights of visitation of his or her domestic partner or of the patient or\nresident for whom he or she is the surrogate, when such rights are\naccorded to spouses and next-of-kin at any hospital, nursing home or\nhealth care facility.\n 2. For purposes of this section only, "domestic partner" means a\nperson who, with respect to another person:\n (a) is formally a party in a domestic partnership or similar\nrelationship with the other person, entered into pursuant to the laws of\nthe United States or of any state, local or foreign jurisdiction, or\nregistered as the domestic partner of the other person with any registry\nmaintained by the employer of either party or any state, municipality,\nor foreign jurisdiction; or\n (b) is formally recognized as a beneficiary or covered person under\nthe other person's employment benefits or health insurance; or\n (c) is dependent or mutually interdependent on the other person for\nsupport, as evidenced by the totality of the circumstances indicating a\nmutual intent to be domestic partners including but not limited to:\ncommon ownership or joint leasing of real or personal property; common\nhouseholding, shared income or shared expenses; children in common;\nsigns of intent to marry or become domestic partners under paragraph (a)\nor (b) of this subdivision; or the length of the personal relationship\nof the persons.\n 3. Each party to a domestic partnership shall be considered to be the\ndomestic partner of the other party. "Domestic partner" shall not\ninclude a person who is related to the other person by blood in a manner\nthat would bar marriage to the other person in New York state. "Domestic\npartner" also shall not include any person who is less than eighteen\nyears of age or who is the adopted child of the other person or who is\nrelated by blood in a manner that would bar marriage in New York state\nto a person who is the lawful spouse of the other person.\n
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