Terminally Ill New Yorkers Have a New Option

As of August 5, 2026, eligible terminally ill New Yorkers can request medical aid to die under New York’s Medical Aid in Dying Act (MAID). Under MAID, a qualified terminally ill patient may request from his or her physician prescription medicine to give to themselves either at home or in a healthcare facility, but the medicine cannot be given by a healthcare professional or any other person. It must be self-administered and the prescription generally cannot be filled for five days after it’s been written.

To qualify under MAID, you must be a New York resident 18 or older, under the care of a New York doctor, have decision-making capacity and must have a medically confirmed terminal illness. The law provides protections for the patient by requiring that the request be both oral and written and (1) attested to by two witnesses, (2) two physicians must determine that the patient has an incurable and irreversible illness or condition that will in reasonable medical judgement produce death within six months, the patient has decision-making capacity and that the request is voluntary and (3) a licensed psychologist, psychiatrist or neurologist must determine that the patient has decision-making capacity. No agent (e.g., agent under a health care proxy) may request the medication on behalf of the patient.

The law specifically provides that death under MAID will not be treated as suicide for any purpose, as “suicide” involves a person who chooses not to live even though they could. In contrast, a person requesting MAID wants to live but cannot. The law specifically provides that life insurance death benefits cannot be denied where a patient dies under MAID. The law also requires the death certificate to list the underlying terminal condition as the cause of death.

MAID also provides broad liability protection for providers who act in good faith under the law, as well as for those who decline to participate. Some providers may choose not to act under MAID because of personal, religious, or moral beliefs, or concerns about liability.

Qualifying terminally ill patients now have an end-of-life option, provided they meet MAID’s requirements.

This article appeared in the October 2026 issue of Stroll Lloyd Harbor.