N.Y. Pub. Health Law § 2404

§ 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 reconstructive surgery,\nincluding but not limited to, the use of breast implants, their side\neffects, risks and other pertinent information to aid a person in\ndeciding on a course of treatment.\n * NB Effective until January 12, 2023\n * 1. The commissioner shall develop a standardized written summary, in\nplain non-technical language, which shall explain the alternative\nmedically viable methods of treating breast cancer, including but not\nlimited to hormonal, radiological, chemotherapeutic or surgical\ntreatments, or combinations thereof. The summary shall contain\ninformation on breast or chest wall reconstructive surgery, including\nbut not limited to, the use of breast implants, their side effects,\nrisks and other pertinent information to aid a person in deciding on a\ncourse of treatment. Chest wall reconstructive information shall include\ninformation on aesthetic flat closure as such term is defined by the\nNational Cancer Institute.\n * NB Effective January 12, 2023\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 reconstructive surgery coverage, and second\nopinion coverage (including out-of-network options) under the insurance\nlaw and section twenty-eight hundred three-o of this chapter, and\nsuggest that patients undergoing such procedures check their health\nplans and/or insurance policies for the details of their coverage.\n * NB Effective until January 12, 2023\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 * NB Effective January 12, 2023\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