Legislation
SECTION 2404-A
Prostate cancer; duty to inform
Public Health (PBH) CHAPTER 45, ARTICLE 24, TITLE 1
§ 2404-a. Prostate cancer; duty to inform. 1. The commissioner shall
develop a standardized written summary, in plain non-technical language,
which shall explain the following:
(a) the symptoms and risk factors for prostate cancer;
(b) the available methods for the detection and diagnosis of prostate
cancer, including information on the relative accuracy of the available
detection and diagnostic techniques;
(c) the availability of insurance coverage for diagnostic screening
for prostate cancer without cost sharing pursuant to subparagraph (B) of
paragraph eleven-a of subsection (i) of section three thousand two
hundred sixteen, subparagraph (B) of paragraph eleven-a of subsection
(1) of section three thousand two hundred twenty-one and paragraph two
of subsection (z-1) of section four thousand three hundred three of the
insurance law; and
(d) the alternative medically viable methods of treating prostate
cancer, including but not limited to hormonal, radiological,
chemotherapeutic or surgical treatments, or combinations thereof. The
summary shall contain information on prostate post-treatment risks and
other pertinent information to aid a person in deciding a course of
treatment. The summary shall be updated as is necessary.
2. The summary shall be provided to any health care provider or
practitioner providing medical treatment to adult men without charge or
fee for distribution in accordance with subdivision three of this
section.
3. The standardized written summary provided for by subdivision one of
this section may be provided by a health care provider to each person
under his or her care who is or may be at risk for prostate cancer or
who has been diagnosed to be afflicted with prostate cancer upon said
diagnosis, or as soon thereafter as practicable.
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.
5. The commissioner shall have the written summary, required by this
section, completed and prepared for distribution on or before January
first, nineteen hundred ninety-eight.
develop a standardized written summary, in plain non-technical language,
which shall explain the following:
(a) the symptoms and risk factors for prostate cancer;
(b) the available methods for the detection and diagnosis of prostate
cancer, including information on the relative accuracy of the available
detection and diagnostic techniques;
(c) the availability of insurance coverage for diagnostic screening
for prostate cancer without cost sharing pursuant to subparagraph (B) of
paragraph eleven-a of subsection (i) of section three thousand two
hundred sixteen, subparagraph (B) of paragraph eleven-a of subsection
(1) of section three thousand two hundred twenty-one and paragraph two
of subsection (z-1) of section four thousand three hundred three of the
insurance law; and
(d) the alternative medically viable methods of treating prostate
cancer, including but not limited to hormonal, radiological,
chemotherapeutic or surgical treatments, or combinations thereof. The
summary shall contain information on prostate post-treatment risks and
other pertinent information to aid a person in deciding a course of
treatment. The summary shall be updated as is necessary.
2. The summary shall be provided to any health care provider or
practitioner providing medical treatment to adult men without charge or
fee for distribution in accordance with subdivision three of this
section.
3. The standardized written summary provided for by subdivision one of
this section may be provided by a health care provider to each person
under his or her care who is or may be at risk for prostate cancer or
who has been diagnosed to be afflicted with prostate cancer upon said
diagnosis, or as soon thereafter as practicable.
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.
5. The commissioner shall have the written summary, required by this
section, completed and prepared for distribution on or before January
first, nineteen hundred ninety-eight.