§ 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:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(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 § 4303 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.