Written By: Kate Silverstrim-Jensen
If signed by Governor Hochul, The Medical Aid in Dying (‘MAID’) Act (S.138/A.136) would amend New York State’s Public Health Law, allowing qualified individuals to request and receive life-ending medication from their health care providers. Previous versions of the MAID Act have been introduced in the New York State legislature over the past ten years but the 2025 version is the first to make it to the Governor’s desk, passing both the Senate and Assembly in close votes along party lines. If signed into law, New York will join eleven other States and the District of Columbia, which have previously enacted similar legislation.
What is the MAID Act?
The 2025 MAID Act authorizes health care providers to prescribe self-administered, life-ending medication to qualified individuals only. In order to qualify, an individual must be over the age of eighteen, mentally competent, and terminally ill. In addition, qualified individuals must complete a written request for the medication signed by two witnesses, then voluntarily submit this request to their health care provider. Proxies and agents are prohibited from submitting these requests on behalf of a terminally ill patient. If the health care provider determines in good-faith that an individual is qualified and is making an informed decision, they may prescribe a self-administered, life-ending drug without facing professional repercussions. Under the MAID Act, the qualified individual’s terminal illness or condition will be listed as their cause of death.
Directives contained with the MAID Act reach beyond just health care providers and terminally ill individuals. If there are any concerns about an individual’s mental competency, a mental health professional must complete additional evaluations and provide the primary health care provider with a written determination. If a health care provider or private health care facility has chosen to prohibit prescribing or using life-ending medications, as permitted under the MAID Act, they must “promptly” transfer an individual requesting this treatment to another provider or to a facility where it is not prohibited. The MAID Act also imposes a duty on any person who comes into custody of an unused portion of the medication after an individual has self-administered. This person must dispose of the medication at a qualified disposal facility. Finally, professional licensing boards, criminal prosecutors, health insurance providers, and life insurance companies may not penalize health care providers who prescribe such medications in good-faith, nor qualified individuals who request and administer such medications. These are just some of the people and entities that would be impacted if the Governor signs the MAID Act into law, and this broad significance was not lost on State Legislators during floor debates.
What are both sides saying?
The topic of medical aid in dying is not only deeply emotional, it is also deeply political. Five similar bills were introduced in the New York State Assembly over the past ten years, two of which made it to the New York State Senate in the past five years. None of the previous bills, however, were able to garner majority support. The 2025 MAID Act was debated on the floor of the New York State Assembly for the maximum amount of time allowed before passing by only a close margin. New York’s democratic Governor has not indicated whether she will sign the bill.
Those in favor of the MAID Act focus primarily on the qualified individuals requesting this treatment. Many share stories of watching their loved ones slowly deteriorate from terminal illness before passing away, calling it needless suffering. For supporters, the expansion of end-of-life care options is a form of compassion that lets terminally ill individuals retain their autonomy and die with dignity. They stress that medically aided death is not a form of suicide and the language of the MAID Act echoes this sentiment. Legislators who supported the MAID Act also highlight that recent surveys show a majority of New York’s residents are in support of its enactment.
Opponents of the bill focus on its potential wide-ranging effects. They express concern over possible risks that could arise if the MAID Act becomes law. These concerns include the coercion or manipulation of qualified individuals, the possibility that life-ending medication could end up in the hands of someone other than a qualified individual, such as a child, and the rise of a profit-seeking medical industry that mindlessly churns out prescriptions like an assembly line. In addition, religious groups have expressed moral disagreement with medically aided death, and others highlight the statistical probabilities of inaccurate diagnoses. Even if the Governor signs the MAID Act into law, it is unlikely that these debates will end.
What could this mean for lawyers?
Legal professionals in New York should be aware of the MAID Act because, if enacted into law, it is almost certain to become a point of litigation both in the civil and criminal arenas. If enacted, the law as a whole, or any of the provisions contained within, could face a direct challenge to their constitutionality. Also, medical providers and health care facilities could face direct liability, leading them to seek ongoing guidance, assistance with policy development, and legal defense against claims brough under the MAID Act. As the previous discussion demonstrates, the MAID Act could have even wider implications, bringing health insurance and life insurance companies into the equation as well. Finally, family or personal disputes could arise over the issue of coercion and the voluntariness of a MAID Act request. Ultimately, the potential bases for lawsuit under the Act are as endless as the risks discussed by its opponents, giving New York attorneys numerous opportunities to come into contact with its provisions if signed into law.
Sources:
Assemb. B. 136, 2025–2026 Reg. Sess. (N.Y. 2025).
Brian Lee, New York Lawmakers Poised to Pass Medical Aid in Dying Legislation After 10-Year Effort, New York Law Journal (June 9, 2025).
Lena Faustel, The New York State Bar Association Applauds Passage of Medical Aid in Dying, Encourages Gov. Hochul to Sign Bill Into Law, New York State Bar Association (June 9, 2025).
S.B. 138, 2025–2026 Reg. Sess. (N.Y. 2025).
Mike Costanza, Medical Aid in Dying Act Passes NYS Senate, In Good Health (July 1, 2025).
Ron Issac, MAID service, The Chief (July 8, 2025, 10:18am).
Will Barclay, Medical Aid in Dying Act: A Dangerous Step for New York, Central New York Business Journal (May 12, 2025).