On February 6, 2026, Governor Hochul signed into law the Medical Aid in Dying Act (Article 28-F of the Public Health Law). The law is effective August 5, 2026, and permits those with 6 months or less to live to obtain medication that patients can self-administer to end their lives. Medical aid in dying has been controversial in the U.S., but that is changing. New York now joins 12 other states and the District of Columbia in legalizing this practice. Not surprisingly, the statute comes with a series of strictly defined protocols. These were adopted in response to objections to prior versions of the law and are intended to provide additional protections to patients and allow health care providers to opt out of assisting those who choose this path.
The law requires that patients have a medically confirmed diagnosis of an incurable and irreversible illness or condition expected to produce death within 6 months. The diagnosis must be confirmed by both the treating physician and a second consulting physician.
A patient desiring medical aid in dying must make both an oral and written request to their attending physician. Before making this decision, the patient must be fully informed regarding:
- Their diagnosis and prognosis;
- The risks and probable result of taking the prescribed medication;
- The possibility that the patient can receive medication and decide not to self-administer it; and
- Feasible alternatives to taking the medication.
The written request must substantially comply with the format indicated by the law and be signed in front of two witnesses. The witnesses cannot be family members, a party entitled to inherit from the patient’s estate, someone affiliated with the health care facility where the patient is being treated, a domestic partner, the patient’s health care proxy or attorney-in-fact or the attending or consulting physician.
If a physician believes the patient may lack decision-making capacity, including due to a psychiatric or psychological disorder, the physician may refer the patient to a mental health professional for evaluation.
Once the request is approved and the medication is dispensed, the patient must self-administer the medication without the assistance of another person.
Health care providers are not and cannot be required to participate in the medical aid in dying process. However, if they refuse, and the patient transfers to another physician’s care, the initial provider cannot withhold the patient’s records.
In addition, private health care facilities can prohibit the prescribing or self-administering of medical aid in dying, provided:
- Patients are informed, and
- Medical aid in dying is “contrary to a formally adopted policy of the facility that is expressly based on sincerely held religious beliefs or moral convictions central to the facility’s operating principles.”
Finally, the statute states that life insurance companies cannot deny death benefits based on an insured’s use of medical aid in dying.
There are a series of additional amendments that have been agreed upon by the Legislature and the Governor and are expected to pass, including the following requirements:
- A mandatory 5-day waiting period between when a prescription is written and filled (unless the patient’s physician believes the patient will not survive that period)
- The oral request must be recorded (video or audio) and stored in the patient’s medical record
- A mandatory mental health evaluation
- Limiting the availability to New York residents
- The initial evaluation of a patient by a physician must be conducted in-person (not via telemedicine), unless the physician believes it would result in “extraordinary hardship.”
If you have questions about the new law or need assistance with estate planning and advanced care directives, contact one of our attorneys. Even if you aren’t in this situation, it is important to consider what you would want if you were to become ill or disabled and execute appropriate legal documents to help ensure your wishes are followed. Call us to discuss the best way to protect you and your loved ones.