Medical & Nursing Home Liability Pointers - Special Edition: NY Medical Aid in Dying Act

A Note from Liz Midgley:

Dear Subscribers,
 
We bring you another Special Edition of Medical & Nursing Home Liability Pointers prepared by our team member, Noah Neale, Esq. This special feature is on New York’s Medical Aid in Dying Act which has just gone into effect.
 
Overview:

After its first introduction back in 2016, New York’s Medical Aid in Dying Act (MAiD) was passed by the state legislature in 2025. An amended version was signed by Governor Kathy Hochul on February 6, 2026, and went into effect on August 5, 2026.
 
Under New York’s MAiD Act, modeled off of a similar statute enacted in Oregon in 1997, “a mentally competent, terminally ill patient may request medication to be self-administered for the purpose of hastening the patient's death provided the requirements set forth in the act are met.” Essentially, a patient with a terminal diagnosis who meets the Act’s requirement may lawfully request and consume medication that will trigger a painless and imminent death.
 
Importantly, the Act also provides legal immunity to certain healthcare providers, such as physicians, who provide medications in compliance with the requirements of the Act. This immunity protects them from legal liability related to the patient’s death, solely as to the provision of such medication. Importantly, this is not blanket legal immunity; while the providers may legally provide such medication without facing legal repercussions from that act, they are still liable for any other aspect of their care of the patient that may have deviated from the standard of care.
 
The MAiD Act also provides that healthcare providers may refrain from the provision of life-ending medication, provided that they arrange for the patient’s transfer to a provider that is willing to provide such medication in accordance with the Act.
 
Legal Challenges:

Shortly before New York’s MAiD Act went into effect, opponents of the law initiated multiple lawsuits, including a now-dismissed suit in the Eastern District of New York and a currently pending suit in the Northern District of New York. The suit in the Northern District, Carmelite Sisters for the Aged and Infirm v. James, is primarily led by several religious groups and care organizations. While the MAiD Act allows caregivers to decline to provide life-ending treatment so long as they subsequently provide patients the option to transfer to a facility that is willing to provide the treatment, the Carmelite plaintiffs contend that the law’s requirement that they counsel patients as to the availability of life-ending treatment and transfer patients to willing facilities constitutes an endorsement of physician-assisted suicide that conflicts with their religious beliefs, and thereby violates the First Amendment. While the Carmelite suit is currently it its earliest stages, the state has agreed to a voluntary temporary restraining order that will render the Act ineffective as to the plaintiffs while the suit is in progress.
 
FAQ:
 
Who may request life-ending medication under the MAiD Act?
To request medication under the MAiD Act, a patient must satisfy the following criteria:

• 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, as determined by a mental health evaluation (see below); and
• Receive confirmation from two physicians that they are terminally ill, can make an informed decision, and are not being coerced.

How is a patient’s capacity determined?
The patient must receive a mental health evaluation by a psychologist, neurologist, or psychiatrist. The examining mental health provider must then confirm in writing that the patient has capacity to make an informed decision as to life-ending medication.
 
How does a patient make a request for life-ending medication?
To receive life-ending treatment under the MAiD Act, a qualifying patient must submit both an oral and a written request. The oral request must be recorded by audio or video and stored within the patient’s medical records. The written request must be signed by the patient, as well witnessed by at least two adults. Parties that may NOT serve as witnesses include the patient’s domestic partner, health care proxy, power of attorney, anyone who stands to benefit financially from the patient’s death, attending physician, consulting physician and, if applicable, the mental health professional who provides a capacity determination of the patient.
 
What happens once the request is made?
After a qualifying patient with capacity makes a request for life-ending medication that satisfies the above requirements, their physician is empowered to write a prescription. After the prescription is written, there is a five-day waiting period before it can be filled and the patient can take the medication.
 
Can a patient change their mind?
Yes. A patient who has requested life-ending medication may rescind their request at any time, whether or not they are assessed as having capacity. The patient’s attending physician may not write a prescription for life-ending medication without first explicitly offering the patient a chance to rescind their request.
 
May a provider refuse to provide life-ending medication?
Yes. Under the Act, individual healthcare providers are not obligated to participate in the provision of life-ending medication, and healthcare facilities may prohibit the prescribing, ordering, prescription, and self-administration of life-ending medication while the patient resides at that facility, provided the Act’s requirements are met. When a facility prohibits the provision of life-ending medication, but a patient makes a valid request, the patient must be transferred to a facility that does not prohibit the provision of such medication.
 
What legal protections does the Act provide?
Members of the healthcare team for a patient will not be subject to legal liability or professional discipline for either taking any good-faith action in accordance with the MAiD Act OR refusing to act under the MAiD Act. The MAiD Act does NOT confer immunity for negligence, recklessness, or intention misconduct.
 
Will the MAiD act result in the denial of insurance benefits or affect a patient’s insurance rates?
No. Under the MAiD Act, neither a patient nor their beneficiaries may be denied benefits under a life insurance policy due to acts taken in accordance with the Act. Insurance providers cannot allow the Act to affect the sale of, or rates of, an insurance policy.
 
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