§ 2404 — Breast cancer; duty to inform

§ 2404. Breast cancer; duty to inform. 1. The commissioner shall\ndevelop a standardized written summary, in plain non-technical language,\nwhich shall explain the alternative medically viable methods of treating\nbreast cancer, including but not limited to hormonal, radiological,\nchemotherapeutic or surgical treatments, or combinations thereof. The\nsummary shall contain information on breast or chest wall reconstructive\nsurgery, including but not limited to, the use of breast implants, their\nside effects, risks and other pertinent information to aid a person in\ndeciding on a course of treatment. Chest wall reconstructive information\nshall include information on aesthetic flat closure as such term is\ndefined by the National Cancer Institute.\n 1-a. The informational summary shall also include an explanation of\nthe special provisions relating to mastectomy, lymph node dissection, or\nlumpectomy, and breast or chest wall reconstructive surgery coverage,\nand second opinion coverage (including out-of-network options) under the\ninsurance law and section twenty-eight hundred three-o of this chapter,\nand suggest that patients undergoing such procedures check their health\nplans and/or insurance policies for the details of their coverage.\n 2. The standardized written summary for alternative breast cancer\ntreatments shall be provided by a physician to each person under his\ncare who has been diagnosed to be afflicted with breast cancer upon said\ndiagnosis, or as soon thereafter as practicable.\n 3. The summary shall be updated as is necessary.\n 4. Nothing in this section shall be construed to create a cause of\naction for lack of informed consent in any instance in which such cause\nof action would be limited by section twenty-eight hundred five-d of\nthis chapter.\n