Medical Aid in Dying

On February 6, 2026, Governor Kathy Hochul signed S.138/A.136 into law, authorizing medical aid in dying for terminally ill New Yorkers. Under the law, eligible patients may request and be prescribed medication that they voluntarily self-administer to bring about the end of their life. With this legislation, New York joins 12 other states and Washington, D.C. in legalizing medical aid in dying. Access to medical aid in dying has been legal in Canada since 2016. The New York law takes effect on August 5, 2026.

Legislative Background

Over the past decade, similar bills were repeatedly introduced in the New York State Legislature. Two versions advanced to the State Senate, but none received sufficient support to become law. On December 17, 2025, Governor Kathy Hochul announced that she would sign the Medical Aid in Dying Act if the Legislature adopted additional chapter amendments. Those amendments added a range of protections, including a state residency requirement for patients, mandatory psychological evaluation, and expanded documentation requirements for requests. The final version of the bill, incorporating these amendments, passed both the State Assembly and State Senate on February 4, 2026, and was signed into law by the governor on February 6, 2026.

Breakdown of the Law

Who is Eligible?

This law applies only to New York State residents who are

• over the age of 18,

• under the care of a physician, and

• terminally ill.

Terminal illness is defined as a medical condition which will reasonably result in death within six months, whether or not treatment is provided. The illness or condition must be determined by an attending physician and independently confirmed by a consulting physician.

‍ Requesting Medical Aid in Dying

Both an oral and written request are required to receive medication for aid in dying. The request must be made based on an informed decision, voluntarily, and free from coercion. A physician must determine that the patient has decision-making capacity. Patients may rescind their request at any time.

• Oral requests must be recorded by video or audio and stored permanently in the patient’s medical file. For people incapable of making oral requests, another communication method can be used.

• Written requests must be signed and dated by the patient and two adult witnesses. The witnesses cannot be related to or in a domestic partnership with the patient, be the patient’s agent under health care proxy or power of attorney, work for the healthcare facility, or benefit financially from the death of the patient.

Patient Safeguards

In addition to thorough documentation of the request, there are further safeguards in place to protect patients:

• Physicians are required to provide information and counseling about medical aid in dying, including discussing potential risks and offering other appropriate treatment.

• A psychiatrist or psychologist must also evaluate the patient’s decision-making capacity and confirm the request before medication to aid in dying can be prescribed.

• Once confirmed, there is a five-day waiting period between when the prescription is written and when it can be filled, unless the physician has determined the patient may reasonably pass away within that waiting period.

• Insurance companies cannot deny coverage based on a patient’s decision to receive or not receive medication to aid in dying.

• For patients requiring interpreter services, interpreters must also sign a declaration certifying the services they provided and declaring that they are not related to, an agent of, or in a position to benefit from the patient’s death.

Religious Exceptions

Private health care facilities can choose not to participate in or permit the prescription of medication to aid in dying based on “sincerely held religious beliefs or moral convictions central to the health care facilities operating principles.” These facilities must transfer patients who request medical aid in dying to a health care facility that does provide it.

Perspectives on Medical Aid in Dying

Advocates of medical aid in dying highlight the importance of bodily autonomy and the peace of mind associated with access to this medication. Whereas some New Yorkers could previously seek this treatment at out-of-state facilities, the passage of this law allows New Yorkers to be close to loved ones and receive care from their known providers. Patients and families have also expressed that medical aid in dying removes the stress and uncertainty about when death will occur and the anxiety of suffering from increasingly unmanageable pain or other symptoms of their condition.

Critics of this legislation have raised concerns about circulating lethal medications as well as ethical concerns about the potential for family members or health care providers to pressure patients, especially those with disabilities, into requesting it. Supporters of the law emphasize the many safeguards in place to prevent misuse and ensure that the decision to request medical aid in dying is entirely the patient’s own.

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What does this mean for Western New York?

Though medical aid in dying will soon become legally available for Western New Yorkers, the practical reality of accessing it remains uncertain. It is currently not clear if the implementation of this new legislation – including consultations, documentation of requests, and prescription of life ending medications – will fall to primary care physicians, hospice providers, safety-net hospitals, or other specialty practice groups.

Very few regional health care facilities and organizations have come forward within the first month since the governor signed Medical Aid in Dying into law. On February 11, 2026, Catholic Health System issued a directive stating that it will not participate in or permit medical aid in dying due to Catholic ethical commitments. The directive notes that patients who persist in requesting medical aid in dying may be transferred to another facility, but staff may not recommend or make referrals for these services. Additionally, the website for Hospice & Palliative Care Buffalo states that the organization “maintains a position of neutrality” on the subject, with no mention of specific policies regarding whether its staff may be involved in providing medical aid in dying. As of the time of writing, other major Western New York health care providers, including Erie County Medical Center, Roswell Park Comprehensive Cancer Center, and Kaleida Health, have not publicly released any policies, guidelines, or statements leading up to or in response to the passage of this legislation.