What Do I Need to Know About Medical Aid in Dying in New York?

Who Will Qualify for Medical Aid in Dying in New York?

Eligibility under the law is limited and specific. To qualify, an individual must be at least 18 years old and have a medically confirmed terminal illness with a prognosis of six months or less to live. The individual must be mentally capable of making medical decisions and must voluntarily request the medication. Importantly, a person does not qualify based solely on age or disability, and the law does not apply to non-terminal conditions.

What Will be the Process of Medical Aid in Dying?

The proposed law establishes a clear, step-by-step process for obtaining medical aid in dying. A patient must make both a written request and an oral request, with the oral request recorded by audio or video. Two physicians must independently confirm the diagnosis, prognosis, and the patient’s ability to make informed medical decisions. The law may also require a mental health evaluation if there are concerns about the patient’s decision-making capacity. Finally, there is a required five-day waiting period between when the medication is prescribed and when it can be filled, giving patients additional time to reflect.

Medical aid in dying medication is typically prepared by compounding pharmacies instead of standard retail pharmacies, so availability may be limited. The medication must be self-administered by the patient, most commonly by ingestion, although alternative methods such as administration through a feeding tube may be permitted. Because self-administration is required, some patients who otherwise meet the eligibility criteria may not be physically able to participate.

Medical Aid in Dying Caveats

Participation is entirely voluntary by physicians, hospitals, hospice providers, or pharmacies, and providers may opt out if doing so conflicts with their professional or personal beliefs. In addition, most health insurance plans do not cover medical aid in dying, and federally funded programs such as Medicare cannot pay for it, meaning that associated costs are generally paid out of pocket.

How the Medical Aid in Dying Act Affects Estate Planning

From an estate planning and elder law perspective, the new law also highlights important limitations in advance care planning. While a health care proxy allows an appointed agent to make many medical decisions on behalf of an incapacitated person, the request for medical aid in dying must come directly from the patient, not the health care agent. The law also restricts individuals who may benefit financially from a patient’s death from serving as witnesses to certain requests, underscoring the importance of thoughtful planning and clear communication.

Medical Aid in Dying will represent a meaningful shift in how New York approaches end-of-life decision-making. As with many changes in this area, understanding the law’s requirements, safeguards, and limitations is essential for patients, families, and professionals navigating end-of-life planning.

By Britt Burner, Esq. and Alma Muharemovic  Esq.

Britt Burner, Esq. is the Managing Partner at Burner Prudenti Law, P.C. focusing her practice areas on Estate Planning and Elder Law. Alma Muharemovic, Esq. is an associate attorney at Burner Prudenti Law, P.C. practice on Estate Planning. Burner Prudenti Law, P.C. serves clients from New York City to the east end of Long Island with offices located in East Setauket, Westhampton Beach, Manhattan and East Hampton.