N.Y. Public Health Law § 2899-n: Relation to other laws and contracts

§ 2899-n. Relation to other laws and contracts. 1. (a) A patient who

requests medication under this article shall not, because of that

request, be considered to be a person who is suicidal, and

self-administering medication under this article shall not be deemed to

be suicide, for any purpose.

(b) Action taken in accordance with this article shall not be

construed for any purpose to constitute suicide, assisted suicide,

attempted suicide, promoting a suicide attempt, euthanasia, mercy

killing, or homicide under the law, including as an accomplice or

accessory or otherwise.

2. (a) No provision in a contract, other agreement or testamentary

instrument, whether written or oral, to the extent the provision would

affect whether a person may make or rescind a request for medication or

take any other action under this article, shall be valid.

(b) No obligation owing under any contract, other agreement or

testamentary instrument shall be conditioned or affected by the making

or rescinding of a request by a person for medication or taking any

other action under this article.

3. (a) A person and such person's beneficiaries shall not be denied

benefits under a life insurance policy for actions taken in accordance

with this article.

(b) The sale, procurement or issuance of a life insurance or annuity

policy or third-party health care payer policy or coverage, or the rate

charged for a policy or coverage, shall not be conditioned upon or

affected by a patient making or rescinding a request for medication

under this article.

(c) This article shall not limit the effect of a life insurance policy

provision concerning incontestability pursuant to article thirty-two of

the insurance law or any rights or obligations concerning a material

misrepresentation in accordance with article thirty-one of the insurance

law.

(d) No third-party health care payer may deny coverage for any service

or item that would otherwise be covered by the policy because the

patient has or has not chosen to request or use medication under this

article.

4. An insurer or third-party health care payer shall not provide any

information in communications made to a patient about the availability

of medication under this article absent a request by the patient or by

such patient's attending physician upon the request of such patient. Any

communication from an insurer or third-party health care payer

indicating a denial of coverage for treatment shall not also include any

information as to the availability of medication prescribed under this

article. This subdivision does not bar the inclusion of information as

to the coverage of medication and professional services under this

article in information generally stating what is covered by a

third-party health care payer or provided in response to a request by

the patient or by such patient's attending physician upon the request of

the patient.

5. The sale, procurement, or issue of any professional malpractice

insurance policy or the rate charged for the policy shall not be

conditioned upon or affected by whether the insured does or does not

take or participate in any action under this article.