Today, New York’s Governor Kathy Hochul wrote in an essay that she is prepared to sign New York’s first right-to-die law. Called the Medical Aid in Dying Act, the law will permit individuals in New York who have six months or less to live to use medical aid to speed up their death. New York joins a dozen other States across the nation as well as the District of Columbia in permitting terminally ill patients to end their life.
The purpose of the law, as recited in an early-2025 version of the proposed statute, is:
To provide that a mentally competent, terminally ill adult with a prognosis of six months or less to live may request medication from their treating physician that they can decide to self-administer to hasten the patient’s death provided the requirements set forth in the act are met, and to provide certain protection and immunities to health care providers and other persons, including a physician who prescribes medication in compliance with the provisions of the article to the terminally ill patient to be self-administered by the patient.
In a press release, Governor Hochul said:
“New York has long been a beacon of freedom, and now it is time we extend that freedom to terminally ill New Yorkers who want the right to die comfortably and on their own terms,” said Governor Hochul. “My mother died of ALS, and I am all too familiar with the pain of seeing someone you love suffer and being powerless to stop it. Although this was an incredibly difficult decision, I ultimately determined that with the additional guardrails agreed upon with the legislature, this bill would allow New Yorkers to suffer less–to shorten not their lives, but their deaths.”
The Governor’s press release also listed numerous safeguards to protect New Yorker residents, including what she called “guardrails,” such as:
- A mandatory waiting period of 5 days between when a prescription is written and filled.
- An oral request by the patient for medical aid in dying must be recorded by video or audio.
- A mandatory mental health evaluation of the patient seeking medical aid in dying by a psychologist or psychiatrist.
- Anyone who may benefit financially from the death of a patient cannot serve as a witness to the oral request or act as an interpreter for the patient.
- Limiting the availability of medical aid in dying to New York residents.
- Requiring that the initial evaluation of a patient by a physician be in person.
- Allowing religiously-oriented home hospice providers to opt out of offering medical aid in dying.
- Ensuring that a violation of the law is defined as professional misconduct under the Education Law.
- Extending the effective date of the bill to six months after signing to allow the Department of Health to put into place regulations required to implement the law while also ensuring that health care facilities can properly prepare and train staff for compliance.
Once signed, most likely in January 2026, the law will not become immediately effective. Rather, there will be a waiting period of at least six months. This waiting period is for the Department of Health to promulgate regulations implementing the law and to give health care facilities adequate time for compliance training. As a consequence, New Yorkers cannot expect to be aided immediately. Instead, it is likely that the Medical Aid in Dying Act will become effective sometime in mid- to late-2026.
While there are strong views both for and against this legislation, it has taken many years of advocacy on behalf of individuals who championed so-called death with dignity legislation in New York. Included among the most articulate was Buffalo, NY attorney Bernadette Hoppe who died from cancer in 2019 while advocating for this law.
For more information on this and other end-of-life planning, contact us at 716.839.9700 or info@coppolalegal.com.
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