New York's Medical Aid in Dying Act: Eligibility, Requirements and Planning Considerations

September 14, 2026

–Client Alert

New York's Medical Aid in Dying Act: Eligibility, Requirements and Planning Considerations

On August 5, 2026, Article 28-F of the New York Public Health Law (the “Medical Aid in Dying Act” or the “Act”) became effective, creating a framework under which, in certain limited circumstances, terminally ill New York residents may request and self-administer medication intended to hasten death.[i]

Although narrow in its scope, the Medical Aid in Dying Act serves as a reminder of the importance of advanced healthcare planning and clearly communicating end-of-life preferences to your healthcare agent.

Overview of the Medical Aid in Dying Act

To qualify for medical aid in dying under the Act, an individual must:

be at least 18 years old;
be a resident of New York (have a New York address that is their place of abode)[ii];
have a terminal illness or condition expected to result in death within six months, as determined by the individual’s attending physician, and confirmed by a consulting physician;
possess decision-making capacity, as confirmed by the attending physician, consulting physician and a mental health professional; and
be physically capable of self-administering the prescribed medication.[iii]

Importantly, the Act requires the individual to personally request and pursue the process. Family members, healthcare agents, agents acting under powers of attorney and other representatives may not request medication on behalf of another person.[iv]

Procedural Requirements

The Act establishes a multi-step process for requesting medical aid in dying.

First, an individual seeking medication under the Act must make an oral and written request to the attending physician who is primarily responsible for the individual’s care. The written request must be signed and dated by the individual and witnessed by two adults.[v] Relatives, persons who may benefit financially from the individual’s death and agents acting under a healthcare proxy or power of attorney are prohibited from serving as a witness.[vi] The request must be directly submitted to the individual’s attending physician.[vii]The oral request must be recorded by audio or video and provided to the attending physician. It must then be stored in the individual’s medical records.

Upon receipt of the request, the physician must discuss the individual's diagnosis and prognosis, the nature of the medication to be prescribed, the potential risks associated with its use, and feasible alternatives, including palliative or hospice care, with the individual. A mental health evaluation is also required to confirm that the individual possesses the requisite decision-making capacity.[viii]

Following the required evaluations and approvals, the Act imposes a five-day waiting period before medication may be dispensed. An individual may rescind a request at any point.[ix]

The Act does not require physicians to participate in providing medical aid in dying, and a physician may decline to participate.

End-of-Life Planning Considerations

The Medical Aid in Dying Act introduces a new end-of-life option for certain terminally ill New Yorkers while incorporating procedural safeguards intended to ensure that decisions are made voluntarily and with informed consent.[x]

Although the Act is limited in its application, its enactment highlights broader planning considerations. Individuals may wish to review their existing healthcare and estate planning documents to ensure that they reflect their current wishes and to communicate those preferences to family members, healthcare providers, agents acting under healthcare directives or powers of attorney and other trusted advisors.

For More Information

If you would like additional information regarding the Medical Aid in Dying Act, its eligibility requirements, the procedural safeguards established by the statute or the planning considerations it may present for you or your family, please contact the Sullivan & Worcester LLP attorney with whom you regularly work or any of the attorneys listed below.

This Client Alert has been prepared by Carole M. Bass, Esq., a Partner, Molly E. Depew, an Associate, and Elizabeth Johnson, an Associate, in the Private Client practice group of the international law firm of Sullivan & Worcester LLP. For more information, Ms. Bass may be reached in our New York Office by calling +1 (212) 660-4047 or by email at cbass@sullivanlaw.com; Ms. Depew may be reached at our New York Office by calling +1 (212) 660-3091 or by email at mdepew@sullivanlaw.com; and Ms. Johnson may be reached in our New York office by calling +1 (212) 660-3006 or by email at ejohnson@sullivanlaw.com.

This Client Alert is provided for general informational purposes only and does not constitute legal advice.

[i] N.Y. Pub. Health Law art. 28-F; 2025 N.Y. Laws ch. 714, as amended by 2026 N.Y. Laws ch. 1.

[ii] New York State Department of Health, Medical Aid in Dying Law Frequently Asked Questions ("The Medical Aid in Dying law does not define the term 'resident.' The patient must have a New York State address that is the address of the patient's place of abode, not merely a mailing address. The patient must live in New York State. Patients are required to attest to their New York State residency.").

[iii] N.Y. Pub. Health Law §§ 2899-d(3) (defining “decision-making capacity”), 2899-d(9) (defining “medically confirmed”), 2899-d(17) (defining “terminal illness or condition”), 2899-e(2)(a) (requiring that the attending physician determine that the individual has a terminal illness or condition and that such determination be medically confirmed by a consulting physician), 2899-h (setting forth the consulting physician's responsibilities with respect to confirmation of the individual's diagnosis, decision-making capacity, and informed decision), and 2899-i (requiring evaluation by a mental health professional to determine whether the individual has decision-making capacity to make an informed decision).

[iv] N.Y. Pub. Health Law §§ 2899-d, 2899-e; New York State Department of Health, Medical Aid in Dying Law Frequently Asked Questions (explaining that a request must come directly from the patient and may not be made by an agent or surrogate).

[v] § 2899-e(3).

[vi] Id. §§ 2899-e, 2899-k.

[vii] N.Y. Pub. Health Law §§ 2899-d(2), 2899-e(1).

[viii] Id. §§ 2899-f, 2899-i.

[ix] N.Y. Pub. Health Law §§ 2899-f, 2899-g.

[x] See generally N.Y. Pub. Health Law art. 28-F.

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