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 health care directive, or to skip one, is voluntary. No employer, insurer, or medical provider can use that decision against you.
A directive is one of several types of advance healthcare documents. Others include durable powers of attorney and medical powers of attorney. No one can require any of them as a condition for coverage.
Insurance Stays Valid After a Surrogate's Decision
A surrogate may decide to withhold or withdraw medical treatment. If death follows, some families worry about the insurance claim. They fear the company might call it a suicide or deny the payout.
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.
A surrogate, sometimes called a health care proxy, may make a good-faith decision that follows your directive. If so, the insurance company cannot deny the claim based on that decision.
How This Affects Healthcare Decisions
Many families find peace of mind knowing that decisions about life-sustaining treatment will not trigger insurance problems. Whether the directive covers a DNR order or other advance preferences, the protection holds firm. This means a terminally ill patient's family can focus on care rather than worrying about policy terms.
This statute also protects the medical record. A provider who notes that treatment was withheld under a valid directive is documenting a lawful decision. For families navigating end-of-life care, this is one less worry during a difficult time.