75-2a-119 - Health care directive effect on insurance policies.
75-2a-119. Health care directive effect on insurance policies.
(1) If an adult makes a health care directive under this chapter, the health care directivedoes not affect in any manner:
(a) the obligation of any life or medical insurance company regarding any policy of lifeor medical insurance;
(b) the sale, procurement, or issuance of any policy of life or health insurance; or
(c) the terms of any existing policy.
(2) (a) Notwithstanding any terms of an insurance policy to the contrary, an insurancepolicy is not legally impaired or invalidated in any manner by:
(i) withholding or withdrawing life sustaining procedures; or
(ii) following directions in a health care directive executed as provided in this chapter.
(b) Following health care instructions in a health care directive does not constitute legalcause for failing to pay life or health insurance benefits. Death that occurs after following theinstructions of an advance health care directive or a surrogate's instructions does not for anypurpose constitute a suicide or homicide or legally impair or invalidate a policy of insurance oran annuity providing a death benefit.
(3) (a) The following may not require an adult to execute a directive or to make anyparticular choices or entries in a directive under this chapter as a condition for being insured foror receiving health care or life insurance contract services:
(i) a health care provider;
(ii) a health care facility;
(iii) a health maintenance organization;
(iv) an insurer issuing disability, health, or life insurance;
(v) a self-insured employee welfare or benefit plan;
(vi) a nonprofit medical service corporation or mutual nonprofit hospital servicecorporation; or
(vii) any other person, firm, or entity.
(b) Nothing in this chapter:
(i) may be construed to require an insurer to insure risks otherwise considered by theinsurer as not a covered risk;
(ii) is intended to impair or supersede any other legal right or legal responsibility whichan adult may have to effect the withholding or withdrawal of life sustaining procedures in anylawful manner; or
(iii) creates any presumption concerning the intention of an adult who has not executed ahealth care directive.
Amended by Chapter 107, 2008 General Session