New York § 2899-N - 2899-NRelation to other laws and contracts

§ 2899-N. 2899-NRelation 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.