Legislation
SECTION 2899-N
Relation to other laws and contracts
Public Health (PBH) CHAPTER 45, ARTICLE 28-F
* § 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.
* NB Effective August 5, 2026
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.
* NB Effective August 5, 2026