The Basics of New York’s Medical Aid in Dying Act

A Potential Significant Change in New York Law

For the first time, New York’s Medical Aid in Dying Act (“MAID Act”) has passed both the Assembly and Senate and is awaiting the Governor’s signature.  While previous versions of the MAID Act have been introduced and passed by the Assembly, they never passed the Senate. It is unclear at this time whether the Governor will sign the bill into law.  

If signed into law, the MAID Act will allow mentally competent, terminally ill adults with a prognosis of six months or less to live to request medication from their treating physician that the patient can choose to self-administer to bring about their death.  

How would the MAID Act change New York Law? 

Currently, individuals have the right to refuse life-sustaining treatment that only prolongs the dying process. This includes refusing artificial respiration, hydration, and nutrition. If you have a health care proxy agent, they may refuse such treatments on your behalf.

However, under current law, individuals cannot request or direct their health care providers to help them end their life. The MAID Act would change this by allowing certain qualified individuals to request prescribed medication to end their life.

Who qualifies under the MAID Act? 

A qualifying individual is a mentally competent person over the age of 18, who in the judgment of two physicians has a condition or illness that will reasonably result in their death within six months.  

The qualifying individual must request verbally and in writing for their treating physician to prescribe medication that will cause their death.  The qualifying individual must administer the medication themself without assistance.  

Can a health care proxy agent make the request?

No. A health care proxy agent cannot make this request on behalf of another person. The request must come directly from the qualified individual.

Can the medication be taken at home? 

Yes, a qualifying individual may take the medication at home. Any unused medication must be disposed of according to medical advice and in line with the MAID Act’s guidelines.

Can the individual change their mind? 

Yes, the individual can change their mind at any time. Before prescribing the medication, the physician must offer the patient the opportunity to rescind their request.

Can a health care provider refuse to prescribe such medication?

Yes, generally, a physician or health care facility may choose not to prescribe or dispense the medication.  However, they are required to transfer the patient to a physician or facility willing to prescribe and dispense the medication.

How would the MAID Act affect health insurance? 

The MAID Act prevents health insurance companies from denying coverage for any service or item that would otherwise be covered, just because the patient has or has not chosen to request medication under the MAID Act.

Will the MAID Act affect life insurance? 

No. Life insurance companies cannot deny benefits to beneficiaries based on whether the insured person has requested or used medication under the MAID Act.

What if a terminally ill person does not qualify?

If someone is terminally ill but does not meet the requirements of the MAID Act, they still have other options, such as refusing life-sustaining treatment. If the individual lacks decision-making capacity, their health care agent may refuse treatment on their behalf, acting in the individual’s best interest and in accordance with their wishes.

How can you prepare for end-of-life care?

To best prepare for end-of-life care, you should make sure you have a Health Care Proxy in place. This document appoints someone you trust to follow your wishes and act in your best interest in the event you cannot. 

End-of-life decision making can involve deeply personal considerations including one’s religious faith, quality of life, and the wellbeing of loved ones.  Legal assistance can prove valuable to successfully navigate those decisions for yourself and those closest to you.  If you have questions about your options or how to communicate your end-of-life wishes, it is a good idea to consult with an estate planning attorney.

Anna R. Myers Norton is an associate attorney with O’Connell and Aronowitz, 1 Court Street, Saratoga Springs, New York.  Anna’s practice is focused in the areas of trust and estate law, including estate planning and estate administration.