§ 2512C. Assumptions and presumptions; effect on construction of wills, contracts, insurance, and annuity policies [For application of this section, see 85 Del. Laws, c. 19, § 3].
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/de/title-16/2512cA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A provision in a contract, will, or other agreement, whether written or oral, that would affect whether an individual may make or rescind a request for medication to end life in a humane and dignified manner, is not valid.
(b)An obligation owing under any currently existing contract may not be conditioned or affected by an individual’s act of making or rescinding a request for medication to end life in a humane and dignified manner.
(1)Nothing in this chapter authorizes a physician, APRN, or any other person to end an individual’s life by infusion, intravenous injection, mercy killing, or euthanasia.
(2)A request for medication to end life in a humane and dignified manner under this chapter, or the fact that medication to end life in a humane and dignified manner is prescribed or dispensed under this chapter, does not, for any purpose, constitute elder abuse, suicide, assisted-suicide, homicide, or euthanasia.
(d)The sale, procurement, or issuance of a life, health, or accident insurance or annuity policy, or the rate charged for such a policy, may not be conditioned upon or affected by an individual’s act of making or rescinding a request for medication to end life in a humane and dignified manner.
(e)A qualified patient’s act of self-administering medication to end life in a humane and dignified manner does not invalidate any part of a life, health, or accident insurance or annuity policy.
(f)A health-care institution, health-care provider, health-care service plan, insurer issuing disability insurance, self-insured employee welfare benefit plan, nonprofit hospital service plan, or any other type of direct or indirect provider of health-care benefits or services or insurer cannot deny or alter health-care benefits otherwise available to an individual with a terminal illness based on the availability of medication to end life in a humane and dignified manner or otherwise attempt to coerce or require as a condition to receiving care that an individual with a terminal illness make a request for medication to end life in a humane and dignified manner.