New York joins 12 other states and the District of Columbia in enacting the Medical Aid in Dying Act, which allows qualifying competent adult patients who have been diagnosed with a terminal illness to self-administer a life-ending medication prescribed by a physician, after a thorough decision-making process.
EFFECTIVE DATE: The Act became part of New York’s Public Health Law when signed by Governor Hochul on February 6, 2026. However, New Yorkers must wait until August 5, 2026 to utilize it, while the New York State Department of Health establishes implementing regulations for health care providers regarding the administration of the medications and safe disposal of unused portions.
QUALIFYING PATIENTS: Only adults (18 years or older) who are New York residents and who have been diagnosed with a terminal illness or condition (one that has been medically determined to cause death within a period of six months) may qualify. The terminal illness or condition must have been diagnosed by the patient’s attending physician and confirmed by a consulting physician. The qualifying patient must also be evaluated by a mental health professional to verify that they have the requisite decision-making capacity and are able to make a voluntary and informed request without coercion. Further, the qualifying patient must have the ability to self-administer the life-ending medication, since neither a health care professional nor another person may administer the life-ending medication to the patient.
STRICT DOCUMENTATION REQUIREMENTS: The Act requires careful documentation to ensure adequate protection for both patients and physicians. For example, once it is determined that a patient meets the terminal illness requirement, that patient must make both oral and written requests to their attending physician to allow for medical aid in dying. The oral request must be recorded by an audio or video device and permanently stored in the patient’s medical record. There are provisions for patients who are not physically capable of making an oral request. Written requests must be dated and signed by the patient and two adult witnesses. Witnesses cannot be related to the patient by blood, marriage, or adoption and cannot be entitled to any portion of the patient’s estate or otherwise benefit financially from the patient’s death. The Act provides for a form request for the medication to end life and the declarations of witnesses for providers and patients. Finally, subject to limited hardship exceptions, there is a five-day waiting period from the time the physician’s prescription for life-ending medication has been written to when the prescription can be filled by the patient.
WHAT TO EXPECT: We can expect additional guidance from the Department of Health before August 5, 2026 with respect to record retention and policies and procedures for implementing the Act.
Hancock Estabrook, LLP represents a variety of healthcare providers and individuals facing end of life planning, attorneys in our Healthcare and Tax and Estate Planning Practice Areas are available and happy to answer any questions you may have.
