By Constantina Papageorgiou & Morris Sabbagh
On February 6, 2026, New York Governor Kathy Hochul signed the landmark Medical Aid in Dying (MAID) Act into law, also known as the “right to die” law, allowing qualifying terminally ill patients to obtain and use medication that will end their life. The Act is set to take effect on August 5, 2026.
BACKGROUND
In February, Gov. Hochul signed into law legislation S.138/A.136, introducing the new article 28-F amendment to the Public Health Law. It is known as the Medical Aid in Dying Act, or MAID Act.
Following a decade-long legislative and political battle over the controversial topic, New York State became the 13th U.S. jurisdiction to allow terminally ill adults to self-administer medication that ends their lives.
The legislation includes a six-month window before it takes effect for the New York State Department of Health (DOH) to finalize regulations and operational guidelines and for health care facilities to prepare and train staff for compliance. The law is officially effective starting August 5, 2026.
WHO QUALIFIES
To qualify for the MAID Act, a person must be an NYS resident, an adult with decision-making capacity, and have a formal prognosis of an incurable and irreversible illness or condition that is expected to result in death within six months.
Medical aid in dying is a voluntary medical option and does not conflict with or negate hospice and palliative care.
SELF-ADMINISTRATION
Only the patient may request the medication from their attending physician and self-administer it. No health care proxy or power of attorney agent may request the medication on the patient’s behalf, and no health care professional or other person may administer it to the patient.
The patient must be able to consciously and voluntarily ingest the medication. The medication does not include lethal injection or infusion.
VOLUNTARY PARTICIPATION
A physician, nurse, pharmacist, other health care provider, or any other person are not under duty and cannot be coerced to participate in the provision of medication to end a patient’s life.
In case of refusal, they are protected against civil, administrative, or criminal liability or penalty; professional disciplinary action by any government entity; or employment, credentialing, or contractual liability or penalty.
A private health care facility may only prohibit the prescribing, dispensing, ordering or self-administering of medication to end a patient’s life (whether treated or residing in the facility) if it is contrary to a formally adopted policy that is expressly based on “sincerely held religious beliefs or moral convictions central to the facility’s operating principles,” and the facility has informed the patient of such policy prior to admission or as soon as reasonably possible.
GUARDRAILS
The Act includes a number of protections designed to ensure that no patient is coerced into choosing medical aid in dying, and that no health care professional or religiously affiliated health facility is forced to offer it. These primarily include:
- Medical aid in dying is available to New York residents only.
- The initial evaluation of a patient by the physician must be in person.
- The terminal illness or condition must be confirmed by the attending physician as well as a consulting physician.
- The patient must be informed of alternative treatment options, including palliative and hospice care.
- A written request for medication to aid in dying must be signed and dated by the patient with at least two adult witnesses present.
- A witness cannot be:
- A relative of the patient by blood, marriage, adoption, or domestic partnership
- The attending physician, consulting physician, or the mental health professional who determined the patient’s decision-making capacity
- A person who would be entitled to any portion of the patient’s estate or might otherwise benefit financially from the patient’s death
- An agent acting under the patient’s health care proxy or power of attorney
- An owner, operator, employee, or independent contractor of the health care facility where the patient is receiving treatment or is a resident
- A waiting period of 5 days between when a prescription is written and filled is mandatory.
The full list of stipulations can be found here.
INSURANCE COVERAGE
Taking prescribed medication to end a qualifying patient’s life does not constitute suicide, assisted suicide, attempted suicide, promoting a suicide attempt, euthanasia, mercy killing, or homicide under the law. This includes others involved (like the prescribing doctor) as accomplices, accessories, or otherwise.
The cause of death listed on a qualified individual’s death certificate who dies after self-administering medication will be the underlying terminal illness or condition.
Accordingly, a patient and their beneficiaries cannot be denied benefits under a life insurance policy for using medical aid in dying.
Any sale, procurement, or issuing of a life insurance or annuity policy or third-party health care payer policy or coverage, or the rate charged for a policy or coverage, cannot be conditioned upon the patient making or rescinding a request for medical aid in dying.
A third-party health care payer cannot deny coverage for any service or item that would otherwise be covered by the policy dependent on whether the patient has or has not chosen to request or use medication to aid in dying.
ESTATE PLAN
The MAID Act bears little effect on estate planning. Since the patient must make the request themselves, it cannot be added to a living will (end of life preferences), and a health care proxy or power of attorney agent cannot be empowered to make the request. It also does not affect beneficiaries’ rights, including to life insurance payout.
NOTES
The new law does not address questions of potential conflict with laws in other states and countries. For example, a New York resident with a life insurance policy in another state which does not recognize medical aid in dying. As these matters are clarified, we’ll keep the information on our website updated.
Also note that some of the press reports on this law have misconstrued or misrepresented some of its provisions. If considering medical aid in dying, consult with a qualified physician first.
For any questions or assistance, contact us.
Constantina Papageorgiou is a partner in Vishnick McGovern Milizio LLP’s Wills, Trusts, and Estates practice. Her work focuses on Trust and Estate Planning, Trust and Estate Administration, and Elder Law, assisting individuals and families with asset protection and long-term care planning through advance directives and various planning techniques. She can be reached at cpapageorgiou@vmmlegal.com and 516.437.4385 x141.
Morris Sabbagh is a partner in Vishnick McGovern Milizio’s Wills, Trusts, and Estates practice group, including the Tax Law, Trust and Estate Planning, and Elder Law practices. He focuses on assisting high-net-worth individuals and families with the preservation of wealth and administration of estates and trusts, preventing the dissipation of assets to taxes, creditors, and long-term care expenses. He can be reached at msabbagh@vmmlegal.com and 516.437.4385 x120.
