New York’s Medical Aid in Dying Takes Effect: What to Know

New York’s Medical Aid in Dying Act goes into effect on Wednesday.

The new law allows Medical Aid in Dying for New Yorkers with a terminal illness who have six months or less to live. Governor Kathy Hochul signed the bill into law earlier this year in February.

“[The law] promotes [patients’] dignity and helps them to control their suffering, and it is patient-driven, so the patient has to have the capacity to request it,” said Ed McArdle, Assistant Clinical Professor of Bioethics and Humanities at Upstate Medical University in Syracuse.

The law comes after more than a decade of fierce debate and advocacy from health advocates to pass the legislation.

Some groups have challenged the law in court with mixed results. A federal judge dismissed one of the lawsuits last week, while a judge in a separate case signed off on a temporary injunction regarding the plaintiffs in that case.

READ: Catholic Groups Win Injunction in Right-to-Die Law Case as Another Lawsuit is Dismissed

How will the law work?

Patients wishing to request Medical Aid in Dying must make a written and oral request, with the written form needing to be signed in the presence of two adult witnesses who cannot be relatives or benefit from the patient’s death. Individuals must also be a New York resident 18 years or older.

McArdle says the new law also includes several safeguards to ensure the patient is using the end-of-life option responsibly and informed, including a mental health assessment, a five-day mandatory waiting period, and physician discussions about other options such as palliative or hospice care.

“The whole purpose of this is to ensure that the patient is doing this voluntarily, that they’re not feeling compelled to do it in any way, and make sure that this is something that they really want to do,” said McArdle.

What states have a medical aid in dying option?

More than a dozen states, including Oregon and California, and Washington, D.C. have already implemented Medical Aid in Dying into law, with less than one percent of deaths utilizing medical aid in dying.

“We haven’t seen a rapid increase in people using medically dying in the United States,” said McArdle. “A lot of people decide after beginning the process, including even picking up the medication, that they decide not to use it.”

How much the medication costs can vary depending on availability and physician protocol, but McArdle says the process can cost up to $1,500 and is not covered by Medicare or other public health insurance programs.

You can find additional information on the Medical Aid in Dying law on the New York’s Department of Health website.

Image: New York Gov. Kathy Hochul speaks at a news conference, Feb. 20, 2025, in New York. (AP Photo/Julia Demaree Nikhinson, File)