Why This Protection Exists
Without this statute, a troubling scenario could unfold: an insurance company could deny a claim because a family member followed your end-of-life wishes. Or a hospital could require you to sign a directive before admitting you. Arizona law blocks both of those outcomes.
A person shall not require a person to execute or prohibit a person from executing a health care directive as a condition for providing health care services or insurance.
A.R.S. § 36-3207(A)This means your decision to create a Healthcare Directive, or to skip one entirely, is completely voluntary. No employer, insurer, or medical provider can use that decision against you.
Insurance Stays Valid After a Surrogate's Decision
When a surrogate makes a decision to withhold or withdraw treatment and death follows, some families worry that the insurance company might call it a suicide or otherwise deny the claim. This statute addresses that concern directly.
If a patient's death follows the withholding or withdrawing of any medical care pursuant to a surrogate's decision not expressly precluded by the patient's health care directive, that death does not constitute a homicide or a suicide and does not impair or invalidate an insurance policy, an annuity or any other contract that is conditioned on the life or death of the patient regardless of any terms of that contract.
A.R.S. § 36-3207(C)The protection is broad. It covers life insurance, annuities, and any contract linked to the patient's life or death. If a surrogate makes a good-faith decision consistent with your directive, the financial consequences are off the table.
