The New York Medical Aid in Dying Act is meant to help those who are terminally ill end their life on their own terms. It’s not yet the law in New York State, however. Recently, this new bill passed the New York Senate and the Assembly, and the next step is for New York Governor Kathy Hochul to sign or veto the bill.
Eligibility for Medical Aid in Dying
If enacted, this law will help those who are terminally ill to decide to end their lives on their own terms, with dignity, and without pain. To qualify, a person must be:
- At least 18 years old;
- Diagnosed with a terminal illness that’s expected to cause death within six months;
- Mentally capable of making an informed healthcare decision without pressure or coercion; and
- A New York resident, receiving care from a physician in the State.
Under the proposed law, an informed decision means being fully informed of her diagnosis, the risks of taking the life-ending medication, the probable result of taking the medication, the feasible alternatives, and the possibility of obtaining the medication but not using it.
How The Request Process Works
- Step One.
- The patient must make one oral request and one written request to her primary physician;
- The written request must be signed in front of two witnesses who confirm the patient is acting voluntarily and with full understanding; and
- The witnesses can’t be family members, a spouse, anyone who is named in the patient’s will, or anyone involved in the patient’s legal or healthcare affairs.
- Step Two.
- The attending physician (that is, the patient’s primary doctor) and a consulting physician must both confirm:
- The person has a terminal illness;
- The person has decision-making capacity; and
- The request has been made voluntarily.
- Step Three.
- A mental health evaluation is scheduled if there’s any doubt about the person’s mental capacity; and
- The mental health professional must confirm the patient understands her decision.
- Step Four.
- The patient can withdraw their request at any time, for any reason.
- The Final Step.
- If all the steps are followed, the physician may prescribe the medication;
- Only the patient can choose to take the medication, at the time and place of her choosing; and
- The patient must take the mediciation on her own. No one else can give it to her.
Important Protections and Notes
There are some interesting provisions in the proposed law that are worth noting.
First, no one is required to participate. Doctors, nurses, and hospitals all can decline to be involved.
Second, family members don’t need to agree, although the bill encourages patients to inform them.
Third, using the rights intended to be provided in the proposed law does not affect insurance or wills. Many insurance policies deny death benefits if the death was caused by suicide, so the law intentionally provides that life insurance companies can’t deny benefits for medically-assisted suicide for terminally ill patients.
Fourth, the person’s death certificate is required to identify the patient’s terminal illness as the cause of death. It will not list the medically-assisted suicide as the cause of death. Listing the terminal illness as the cause of death reinforces the prior provision since insurance companies look to the cause of death to determine benefits.
Finally, the proposed law provides that no one can qualify for the medical aid described in the bill based purely on age and disability. This provision is meant to ensure that the scope of the bill is very narrow since it involves life and death.
Current Status of the Proposed Law
Currently, Governor Hochul has until the end of the year to either sign or veto the bill. There have been no public statements regarding the likelihood that the Governor signs this bill into law.
What we do know is that the bill is fairly controversial. The bill passed the Senate in a 35-27 vote, and the split was not purely between party lines. While Republicans were unanimously against it, several Democrats also voted against the bill. According to a Marist University poll, 59% of registered voters support the legislation, while 36% oppose. Consequently, it’s difficult to know which way Governor Hochul is leaning or when she will decide.
We’re writing about it because we think it’s important for our readers to stay informed. We know many individuals and families face painful and incredibly difficult decisions when they receive a terminal diagnosis, and we think you need to know that this legislation is pending.
If you have questions, feel free to reach out at info@coppolalegal.com or (716) 839-9700.
