§ 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.