by Ronald Fatoullah, Esq., Chair of the Elder Law Practice Group at Meltzer Lippe
As an elder law and estate planning attorney for many years, I have sat with clients and their families during some of the most painful moments imaginable, when a loved one is mentally competent, terminally ill, and suffering deeply, yet New York law offered no meaningful option to ease that final chapter on their own terms.
Next month, in January 2026, that reality will change. Governor Kathy Hochul has announced that she will sign the NY State Senate Medical Aid In Dying Act 2025-S138/A136 which is also known as the “MAID Act,” following the addition of significant ‘guardrails’ or safeguards designed to protect vulnerable individuals and ensure truly voluntary, informed decision-making. The MAID Act applies only to competent adults with a terminal diagnosis and a limited life expectancy, and requires multiple layers of medical confirmation, waiting periods, and oversight.
This long-awaited development reflects years of thoughtful advocacy by the New York State Bar Association, medical professionals, patient-rights organizations, and countless individuals who worked to strike a careful balance between compassion, dignity, and protection. For New Yorkers facing the end of life, it represents a meaningful step toward greater autonomy, comfort, and peace.
In this historic agreement with the New York State Legislature in which she indicates that this has been the toughest decision she has ever made as a governor, Governor Kathy Hochul will sign the MAID Act to make medical aid in dying available to terminally ill New Yorkers with less than six months to live. This legislation was first introduced nine years ago by Senator Brad Hoylman-Sigal who ‘consistently said this bill is not about ending life, it’s about shortening death. I am proud that New York is now the 13th state, along with Washington, D.C., which will offer expanded end-of-life care so that terminally ill New Yorkers gain greater autonomy over how much pain and suffering they must endure.’
In her announcement on December 17, 2025, Governor Hochel indicated ‘New York has long been a beacon of freedom, and now it is time to extend that freedom to terminally ill New Yorkers who want the right to die comfortably on their own terms.’ The MAID Act, as approved by the New York State Legislature requires the following in order to ensure that no patient is coerced into utilizing medical aid in dying and no doctor or religiously affiliated health facility is forced to offer medical aid in dying:
- A mandatory waiting period of 5 days between when a prescription is written and filled.
- An oral request by the patient for medical aid in dying must be recorded by video or audio.
- A mandatory mental health evaluation of the patient seeking medical aid in dying by a psychologist or psychiatrist.
- A prohibition against anyone who may benefit financially from the death of a patient from being eligible to serve as a witness to the oral request or an interpreter for the patient.
- Limiting the availability of medical aid in dying to New York residents only.
- Requiring that the initial evaluation of a patient by a physician be in person.
- Allowing religiously oriented home hospice providers to opt out of offering medical aid in dying.
- Ensuring that a violation of the law is defined as professional misconduct under the Education Law.
- Extending the effective date of the MAID Act to six months after signing to allow the Department of Health to put in place regulations required to implement the law while also ensuring that healthcare facilities can properly prepare and train staff for compliance.
The MAID Act stipulates that if a health care provider is unable or unwilling to participate in the provision of medication to a patient, the health care provider is required to (i) promptly transfer the patient to another health care facility that is reasonably accessible under the circumstances and willing to permit the prescribing, dispensing, ordering or self-administering of medication with respect to the patient and (ii) upon request, transfer or arrange for the transfer of a copy of the patient’s relevant medical records to the new health care provider.
In addition, a patient who requests medication under the MAID Act will not, because of that request, be considered a person who is suicidal, and self-administering medication under the MAID Act shall not be deemed suicide for any purpose. Furthermore, a person and his/her beneficiaries shall not be denied benefits under a life insurance policy for actions taken in accordance with the MAID Act, and the sale, procurement or issuance of a life insurance or annuity policy or third-party health care payer policy or coverage, or the rate charged for a policy or coverage shall not be conditioned upon or affected by a patient making or rescinding a request for medication under the MAID Act.
The MAID Act clarifies that the cause of death listed on a qualified individual’s death certificate who dies after self-administering medication under this article will be the underlying terminal illness or condition.
Governor Hochul’s closing remarks in her announcement were that ‘The Medical Aid in Dying Act will afford terminally ill New Yorkers the right to spend their final days not under sterile hospital lights but with sunlight streaming through their bedroom window. The right to spend their final days not hearing the droning hum of hospital machines but instead the laughter of their grandkids echoing in the next room. The right to tell their family they love them and be able to hear those precious words in return.’
The attorneys in the Elder Law Practice Group at Meltzer, Lippe, Goldstein & Breitstone, LLP are available to assist in creating and managing every aspect of your estate and long-term care planning. The firm is available to assist you with Estate and Medicaid Planning, Trusts & Wills, Advance Directives, Probate, Guardianships, Business Succession Planning and Litigation. Ronald Fatoullah, Esq. Chairs the firm’s Elder Law Practice Group and is a Partner of the firm’s Trusts & Estates Practice Group.
This blog posting is for informational and educational purposes only. It is general in nature and not person or circumstance specific. This blog posting is not intended, nor should it be construed as rendering independent investment, legal or tax advice. It may but does not necessarily constitute attorney advertising.