Key Points

• New York's Medical Aid in Dying (MAID) law authorizes physician-prescribed life-ending medication for terminally ill patients.
• Before a prescription can be written, a detailed process is required including an audio or videotaped request by the patient, examination of the patient by both a physician and a mental health professional, confirmation of terminal illness and informed consent, counseling on palliative care and hospice alternatives, and thorough documentation in the medical record.
• Health care facilities may opt out of MAID participation by adopting a formal policy grounded in religious beliefs or moral convictions, but must promptly notify patients and transfer them to a willing provider.

Health care providers and facilities across New York now face a new set of compliance obligations under New York’s Medical Aid in Dying (MAID) law, which took effect last month on August 5, 2026.

The law allows eligible patients with a terminal illness to obtain medication to end their lives on their own terms.

What is Medical Aid in Dying?

Codified at Public Health Law Article 28-F, MAID allows a physician to prescribe medication that a qualified patient may self-administer for the purpose of ending their life at the time of their choosing.

The law makes clear this is not suicide. Death certificates list the underlying terminal illness as the cause of death, and actions taken in accordance with the law shall not be considered assisted suicide, promoting suicide, euthanasia, mercy killing or homicide.

Who is eligible for MAID?

An individual must be:

• A New York State resident (must have a NY address as their “abode,” not just mailing address).
• At least 18 years old.
• Diagnosed with a medically confirmed terminal illness that is incurable and irreversible and expected to cause death within six months.
• Determined to have decision-making capacity by a mental health professional, with the attending physician and consulting physician agreeing.
• Able to self-administer the medication.

What is the process?

The law requires an oral request and a written request signed by the patient and witnessed by two adults, confirmation of the terminal diagnosis by a second physician, a mental health evaluation confirming decision-making capacity, and a five-day waiting period before the prescription can be filled (waivable if death is imminent). The patient may withdraw the request at any time. Notably, patients must record their oral request for life-ending medication using an audio or video device.

What must the attending physician do?

The attending physician bears most MAID responsibilities under the law. They must first examine the patient (with telehealth permitted in hardship cases) and confirm the terminal illness, mental capacity, informed consent, and that the request was voluntary. Before prescribing the medication, the attending physician must provide the patient with information about palliative care, hospice, and alternatives, and explain the medication’s risks and probable result.

The patient must be given an opportunity to rescind the request, and medication can only be filled after a 5-day waiting period. Importantly, all of these steps must be documented in the medical record.

What about health care facilities?

Health care facilities — including hospitals, diagnostic and treatment centers, nursing homes, residential health care facilities, and hospices — may choose whether to participate in MAID.

Participating facilities should develop MAID policies and procedures in collaboration with their medical director and staff physicians. They may refuse to participate if they have a formally adopted policy based on religious beliefs or moral convictions and must notify patients of the policy. When confronted with a request under MAID, non-participating facilities must promptly transfer patients to a willing provider.

Can individual providers refuse to participate?

Yes. No provider is required to participate, but they must transfer medical records to a patient’s chosen provider.

What protections does the law provide?

Providers acting in good faith are protected from civil, criminal and professional liability. However, these protections do not apply to negligent, reckless or intentional misconduct. Notably, the law does not expressly grant immunity to health care facilities.

How does this affect health care providers and facilities?

• Health care facilities must develop MAID policies and procedures. Those that decline to participate must transfer patients to willing providers.
• Individual providers may refuse to participate but must transfer medical records.
• Hospital staff may never assist with administering the medication. Patients must self-administer.

Action items for facilities

• Develop written MAID policies and procedures with physician staff.
• If opting out, adopt a formal policy and notify patients.
• Establish patient transfer protocols.
• Review DOH guidance.

Please contact Margaret Davino at mdavino@foxrothschild.com or Jared Ripp at jripp@foxrothschild.com if you have questions about how these requirements apply to your organization or if you need assistance developing policies and procedures to address Medical Aid in Dying.

This information is intended to inform firm clients and friends about legal developments, including the decisions of courts and administrative bodies. Nothing in this alert should be construed as legal advice or a legal opinion. Readers should not act upon the information contained in this alert without seeking the advice of legal counsel. Views expressed are those of the authors and not necessarily this law firm or its clients.