What to Know about New York’s Medical Aid in Dying Act

New York Medical Aid in Dying Act

A136 (Paulin) / S138 (Hoylman-Sigal)

Signed into law February 6, 2026

Takes effect August 5, 2026

The Legislation Allows:

A terminally ill, mentally capable adult with a prognosis of 6 months or less to live to have the option to request, obtain and decide to ingest medication to die peacefully in their sleep if suffering is unbearable.

The bill is modeled after the Oregon Death with Dignity Act, which has been in effect for more than 20 years without a single instance of abuse or coercion.

Eligibility Criteria

Just like the Oregon Death with Dignity Act, to be eligible, a person must:

• Be an adult, aged 18 or older
• Be a resident of New York State
• Have a medically confirmed terminal illness that is incurable and irreversible and will likely cause death within 6 months
• Be mentally capable of making an informed health care decision

Individuals are not eligible for medical aid in dying because of age or disability.

Additional Requirements

• Two physicians must confirm that the person is terminally ill with a prognosis of 6 months or less to live, is making an informed health care decision and is not being coerced.
• The initial evaluation of the patient by the attending physician must be conducted in person, unless the attending physician determines that an in-person visit would result in extraordinary hardship to the patient.
• The attending physician must inform the requesting individual about all of their end-of-life care options, including palliative care and hospice.
• A mandatory mental health evaluation must be conducted by a psychologist, neurologist, or psychiatrist to determine that the person has the capacity to make an informed health care decision. The mental health provider must confirm in writing the dying person’s capacity before a prescription can be written.
• The individual must make an oral and a written request for aid-in-dying medication, witnessed by two people — neither of whom can be a relative, someone who stands to benefit from the person’s estate, or anyone who may benefit financially from the person’s death.
• The oral request must be recorded by video or audio and permanently stored in the patient’s medical record.
• There is a mandatory waiting period of 5 days between when a prescription is written and when it may be filled, unless the attending physician determines that the patient is not expected to survive that period.
• The terminally ill person can withdraw their request for aid-in-dying medication, not take the medication once they have it or otherwise change their mind at any point in time.
• The individual must be able to self-ingest the medication.
• No physician, health provider or pharmacist is required to participate in medical aid in dying.
• Religiously-oriented home hospice providers may opt out of offering medical aid in dying; however, a patient receiving hospice care in their own home may not be prevented from accessing medical aid in dying.
• Those who do and comply with all aspects of the law receive civil and criminal immunity.
• A violation of this law constitutes professional misconduct under the New York Education Law.
• Anyone attempting to coerce a patient will face criminal prosecution.
• Unused medication must be disposed of as required by state and federal laws.
• Health insurance benefits are unaffected by the availability of medical aid in dying and life insurance payments cannot be denied to the families of people who use the law.
• The New York Health Commissioner is required to issue a publicly available annual report about the usage of the law. Patient and physician identifying information is kept confidential.
• The law takes effect six months after signing, allowing the Department of Health to promulgate necessary regulations and enabling health care facilities to prepare and train staff for compliance.

With the amendments to the bill passed by the New York State Legislature requested by Governor Kathy Hochul, once signed, New York’s Medical Aid in Dying law will not go into effect until sometime in July 2026 (the exact date will depend on when the Governor signs the bill, and the effective date will be 6 months from that day). If you or someone you know is terminally ill and interested in making a request for medical aid in dying under the new law, there are several things you can do to lay the groundwork for your request. 

1. If you have been diagnosed with a terminal illness and are considering medical aid in dying for yourself, familiarize yourself with the eligibility requirements. Medical aid in dying has strict eligibility criteria (see answer to the next question about eligibility below); a person is not eligible based on age or disability alone. You can read about what medical aid in dying is here, and you can read the bill language here. Once the final amendments are passed by the legislature, come back and visit this page again for an update that will include a summary of the bill and a checklist for eligibility. 
2. Have a conversation with your doctor as soon as possible to determine whether that doctor is willing to grant your request for medical aid in dying. If your doctor needs more information, you can share this resource page which provides information on resources and programs that support clinicians, available at no cost.
3. Begin to identify a psychiatrist, psychologist, or neurologist who will be willing to complete a mental health evaluation, which is part of the determination of eligibility for medical aid in dying in New York. You can do this by asking your existing healthcare providers for a referral, or by calling your insurance company to ask for a referral. 

We want to hear from you! If you experience any problems or barriers to care, please let us know by sending us an email to [email protected]. We will be closely monitoring how this law is working for terminally ill New Yorkers and their healthcare providers.