New York's Medical Aid in Dying Act Takes Effect: What Clients and Providers Need to Know

By: Dana Walsh Sivak

New York's Medical Aid in Dying Act officially took effect today, August 5, 2026, six months after Governor Kathy Hochul signed the legislation (S.138/A.136) into law on February 6, 2026 (New York’s Medical Aid in Dying Act: What the Governor’s Announced Deal Means for Patients and Families).

The new law, codified as Article 28-F of the Public Health Law, makes New York the 13th U.S. jurisdiction to authorize medical aid in dying, joining a dozen other states and the District of Columbia in making this choice available to its residents. Modeled closely on Oregon's Death with Dignity Act, the nation's first such law, enacted in 1994, New York's version incorporates decades of precedent from other jurisdictions while adding its own procedural safeguards.

Proponents of this legislation credit the passage of this law as a significant expansion of end-of-life options for terminally ill New Yorkers, supporting the rights of patients to make informed decisions aimed to reduce suffering at the end of life.

Who Qualifies for Medical Aid in Dying, and What the Process Requires

Under the new law, an individual who is at least 18 years old, resides in New York, has the requisite mental capacity to make his or her own medical decisions, and has a medically-confirmed terminal illness likely to cause death within six months, may request medication which they can then self-administer to end their life. Notably, eligibility cannot be based on age or disability alone.

The New York law builds in checkpoints designed to protect patient autonomy while guarding against coercion. Two physicians must independently confirm the terminal diagnosis and prognosis, and verify that the patient is acting voluntarily. A mandatory mental health evaluation, conducted by a psychologist, neurologist, or psychiatrist, must confirm the patient's capacity to make an informed decision before any prescription is written. The attending physician must also inform the patient of all end-of-life care alternatives, including palliative care and hospice. Once a prescription is written, a mandatory five-day waiting period applies before the medication can be dispensed. The patient must be capable of self-administering the medication – a requirement the Department of Health has emphasized is central to ensuring the choice remains voluntary and deliberate.

Provider Obligations and Protections

Providers who object to facilitating this process may not be forced to do so under this law. No physician, health care professional, or religiously-affiliated facility is required to participate in medical aid in dying. Religiously-oriented home hospice providers may opt out of offering the service directly – but they may not prevent a patient receiving hospice care in their own home from accessing it independently.

There are legal protections for providers who do assist their patients in accessing medical aid in dying. Providers who comply in good faith with the statute's requirements receive civil and criminal immunity, while any violation constitutes professional misconduct under the New York Education Law, and anyone who attempts to coerce a patient faces criminal prosecution.

The law also clarifies that health insurance benefits are unaffected by an individual’s choice to utilize medical aid in dying, and that life insurance payouts cannot be denied based on a beneficiary's use of the law.

Looking Ahead

With the law now in effect, access will likely vary across the state as hospitals and health systems finalize their own participation policies, and many providers are still awaiting further guidance from the Department of Health. The law has already been the target of legal challenges, given the interplay of constitutional challenges, evolving regulatory guidance, and the professional liability exposure built into the statute. Health care providers, facilities, and their counsel should monitor developments closely as implementation proceeds.

More Information About Accessing Medical Aid in Dying

For those who wish to access medical aid in dying in New York, or want to learn more about the Medical Aid in Dying Act in New York, visit the New York State Department of Health website’s Medical Aid in Dying information page here.

References

DISCLAIMER: This summary is not legal advice and does not create any attorney-client relationship. This summary does not provide a definitive legal opinion for any factual situation. Before the firm can provide legal advice or opinion to any person or entity, the specific facts at issue must be reviewed by the firm. Before an attorney-client relationship is formed, the firm must have a signed engagement letter with a client setting forth the Firm’s scope and terms of representation. The information contained herein is based upon the law at the time of publication.

New York’s Medical Aid in Dying Act Takes Effect: What Clients and Providers Need to Know

Who Qualifies for Medical Aid in Dying, and What the Process Requires

Provider Obligations and Protections

Looking Ahead

More Information About Accessing Medical Aid in Dying

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