N.Y. Public Health Law § 2404: Breast cancer; duty to inform

§ 2404. Breast cancer; duty to inform. 1. The commissioner shall

develop a standardized written summary, in plain non-technical language,

which shall explain the alternative medically viable methods of treating

breast cancer, including but not limited to hormonal, radiological,

chemotherapeutic or surgical treatments, or combinations thereof. The

summary shall contain information on breast or chest wall reconstructive

surgery, including but not limited to, the use of breast implants, their

side effects, risks and other pertinent information to aid a person in

deciding on a course of treatment. Chest wall reconstructive information

shall include information on aesthetic flat closure as such term is

defined by the National Cancer Institute.

1-a. The informational summary shall also include an explanation of

the special provisions relating to mastectomy, lymph node dissection, or

lumpectomy, and breast or chest wall reconstructive surgery coverage,

and second opinion coverage (including out-of-network options) under the

insurance law and section twenty-eight hundred three-o of this chapter,

and suggest that patients undergoing such procedures check their health

plans and/or insurance policies for the details of their coverage.

2. The standardized written summary for alternative breast cancer

treatments shall be provided by a physician to each person under his

care who has been diagnosed to be afflicted with breast cancer upon said

diagnosis, or as soon thereafter as practicable.

3. The summary shall be updated as is necessary.

4. Nothing in this section shall be construed to create a cause of

action for lack of informed consent in any instance in which such cause

of action would be limited by section twenty-eight hundred five-d of

this chapter.