Effective August 5, 2026, New York’s Medical Aid in Dying (“MAID”), under Public Health Law Article 28-F, permits certain terminally ill New Yorkers with less than six (6) months to live to obtain and self-administer prescribed medication to end their life, subject to specified requirements and safeguards.
Below is an overview of key provisions concerning patient eligibility, health care provider responsibilities, documentation, and provider protections.
Request and Evaluation Process
To qualify for Medical Aid in Dying, a person must:
- Be eighteen (18) years or older;
- Be a New York State resident;
- Have a terminal illness, confirmed by two (2) physicians, that is incurable and irreversible and will likely cause death within six (6) months – regardless of treatment;
- Can understand and appreciate the nature and consequences of MAID, including the benefits, risks, and alternatives, and to reach an informed decision; and
- Be able to self-administer the medication.
A request for MAID must be made personally by the patient and may not be made by a health care agent, surrogate, family member, or other representative, or through an advance directive such as a living will.
The patient must make both an oral and written request to the attending physician. If physically unable to make an oral request, the patient may use an alternative method of communication familiar to them, which must be recorded and permanently maintained in their medical record. The written request must be signed by the patient and witnessed by two (2) individuals who meet the law’s independence requirements.
Before a prescription may be issued, the attending and consulting physicians must confirm that the patient meets the statutory requirements. The attending physician must discuss the patient’s diagnosis, prognosis, instructions surrounding self-administering the medication and expected outcome, as well as available alternatives, including hospice and palliative care.
A mental health professional must also evaluate the patient to determine decision-making capacity to make an informed decision.
Safeguards and Limitations
In addition to confirmation of the patient’s prognosis by two physicians and a capacity evaluation, a patient may withdraw a MAID request at any time and must be given an opportunity to rescind the request before a prescription is issued. At least five (5) days must also pass between the prescription being written and filled.
The medication must be self-administered by the patient through an affirmative and conscious act, ensuring that the final act is voluntary and deliberate.
An assistive device may be used, but the patient must perform the final physical act of administration. If the patient becomes unable to perform that final act, they cannot utilize MAID.
If the MAID requirements have been properly followed, the patient’s underlying terminal illness or condition must be listed as the cause of death on the death certificate, rather than MAID or the medication used.
Participation and Legal Protections
Physicians, nurses, pharmacists, other health care providers, and other individuals are not required to participate in MAID.
The law also protects health care providers and others from liability, penalties, or professional disciplinary action for reasonable, good-faith actions taken, or refusals to act, under the law.
As New York’s Medical Aid in Dying law takes effect, its implementation will require careful attention to the respective roles and responsibilities of patients, providers, and health care facilities. Attorneys will necessarily play an important supporting role in advising individuals and health care facilities on the law’s requirements, policies, documentation, and compliance under this new framework.
SOURCES: Public Health Law Article 28-F; NYS Department of Health Medical Aid in Dying Webpage; NYS Department of Health Medical Aid in Dying FAQs; Form DOH-5847; NYS Department of Health Press Release
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