Key Takeaways
- Medical Aid in Dying (MAID) is the requested prescription of life-ending medication to qualifying patients.
- The MAID Act was signed into New York State Law on February 6, 2026.
- Proponents of MAID highlight the Act’s role in expanding patient autonomy and end-of-life care.
- Opposition to MAID focuses on disability rights and the potential for a “slippery slope,” with some arguing that palliative care renders MAID unnecessary.
What is Medical Aid in Dying (MAID)?
Medical Aid in Dying (MAID) is the requested prescription of life-ending medication to qualifying patients. As of the February 2026 passing of New York Senate Bill S138, Medical Aid in Dying (MAID) is legal in 13 U.S. states and Washington, D.C.
MAID is not a fundamental right in the United States, and legal criteria vary among states. Physicians’ involvement in providing MAID has been debated since the 20th century. In New York state, MAID was previously prohibited under Penal Law §120.30, which still criminalizes the promotion and/or assistance of a suicide attempt outside regulations of the new bill. Notably, in 2016, the Myers v. Schneiderman case affirmed that it is constitutional for the penal law to prohibit physicians’ involvement in assisting patients’ death, including in situations where the patient is mentally competent, terminally ill, reports pain and suffering, and is willing to die. Now, ten years later, Governor Kathy Hochul has signed Senate Bill S.138, or the MAID Act, into New York state law.
What Does the MAID Act Do?
The MAID Act was passed in both the Assembly and the Senate of the New York State Legislature in June 2025 and was signed into law by Governor Hochul on February 6, 2026. The bill permits mentally competent, terminally ill patients to request a prescription to self-administer medication that hastens death. It also protects physicians who prescribe such medication in accordance with strict guidelines.
The eligibility criteria for MAID as outlined in the Act focus on prioritizing consent, patient autonomy, and physician oversight. Qualifying patients must: be at least 18 years old, reside in New York state, have a diagnosed terminal illness, have a prognosis of death within six months, and have the cognitive capacity to make an informed decision. Under the new law, physicians must conduct a mandatory mental health evaluation and work with an additional physician to confirm patient eligibility. Health facilities that administer MAID will receive intensive training before the law goes into effect to ensure proper understanding of the new regulations. The Act also outlines additional safeguards, mandating a five day waiting period between the receipt of MAID a prescription and patients’ ability to fill the prescription.
Notably, the legislation also allows healthcare providers and facilities to opt out and prohibit the administration of such medications. In situations where a qualifying patient is at a hospital or facility that does not permit MAID, the patient can be transferred to another facility that is willing to prescribe the medication.
Arguments in Favor of the MAID Act
Patient Autonomy
Supporters of MAID emphasize the importance of self-determination in making medical decisions. They emphasize the high degree of pain and suffering associated with several terminal health conditions, and see MAID as a humane solution for patients who chose to die on their own terms. In a letter of support for the bill, Governor Hochul highlighted that MAID patients can “spend their final days not under sterile hospital lights but with sunlight streaming through their window,” highlighting the fact that MAID patients can choose where and when to take the prescribed medication.
Public Support
Recent polling shows that 63 percent of New Yorkers and 67 percent of New York state physicians support MAID, with many believing it to be a dignifying act and a form of end-of-life care. Some palliative care associations view MAID as just one component of palliative care. Moreover, several groups including Compassion & Choices, End of Life Choices New York, and Death With Dignity National Center formed a statewide alliance to advocate for the bill’s passage, emphasizing that medical aid in dying is a voluntary medical option for mentally competent adults with terminal illness.
Strict Eligibility Criteria
Supporters of the MAID Act also point to the law’s strict eligibility criteria and procedural safeguards as evidence that the policy is designed to protect vulnerable patients. They highlight that patients must be mentally competent adults with a terminal illness and a prognosis of six months or less to live, and their request must be confirmed by multiple medical professionals. Patients must also make voluntary requests and self-administer the medication, which advocates say reduces the risk of coercion or abuse.
Arguments Against the MAID Act
Religious Opposition
Opponents to the MAID Act prefer palliative care as a less severe alternative to MAID. Palliative care is a specialized healthcare option, typically pursued in the early stages of chronic illness, to minimize symptoms and stress experienced by the patient without hastening death. Palliative sedation, more specifically, addresses pain management by using medication to induce a decreased awareness to the point of being in a coma-like state. Several religious groups have campaigned against the MAID Act, urging the legislature to promote other options like palliative sedation to avoid moral violations associated with killing a living human being.
Disability Rights
“Not Dead Yet” is one of many disability rights groups that oppose MAID and suggest that its legalization is a “deadly form of discrimination.” Although a disability alone is not a valid reason to pursue MAID under the New York law, data from Oregon—where MAID has been legal for over 2 decades—shows that the most common concerns of MAID patients are related to a loss of autonomy, loss of control over bodily functions, and lessened ability to engage in activities. “Not Dead Yet” reports these as disability issues, viewing MAID as the legal perpetuation of the stereotype that disabled people’s lives are less valuable or not worth living.
Violation of Hippocratic Oath
Others argue that MAID is an inherent violation of the Hippocratic Oath’s core tenet to “first, do no harm.” In Canada, where MAID has been legal since 1997, this violation was brought into further question when MAID was expanded to cover patients without terminal illness diagnoses. Within New York state, there is concern that MAID will eventually generalize to permit MAID for those without terminal illness on case-by-case basis, amounting to assisted suicide.
What Similar Bills Exist?
New York state’s MAID Act was highly modeled after Oregon’s Death with Dignity Act (DWDA), which has permitted voluntary medical assistance in dying since 1997, making it the first U.S. state to legalize medically assisted death. While they share certain factors of eligibility, self-administration, process, and protection, they differ in residency requirements and waiting periods. Whereas Oregon requires a 15-day waiting period between requests for medication, and an additional 48-hour waiting period before filling the prescription for lethal medication, New York has a five-day waiting period between receiving a medication and when it can be filled.
Conclusion
The MAID Act is a controversial piece of legislation that will soon give New Yorkers an additional choice regarding healthcare. Whereas proponents of the legislation focus on patient autonomy and expanded regulation, opponents suggest it threatens to overwrite the long-standing efficacy of palliative care and functions as an unethical response to devalue life. Upon its implementation, it will be imperative to focus on the data of uses and outcomes of MAID in New York state, in order to further develop safeguards and protect vulnerable populations. It will be equally important to maintain the coexistence of palliative care development, MAID, and other end-of-life care options.
FAQs
- Are there any U.S. States with similar legislation?
- Yes, Oregon’s Death With Dignity Act (DWDA) legalized a physician’s prescription of lethal medication to terminally ill individuals in 1997. Other variants of the MAID Act, some under different names like in the case of Oregon, are legal in a total of 13 U.S. states and Washington, D.C., with several more actively considering it.
- Does the MAID Act permit euthanasia?
- No, euthanasia is the administration of lethal medication to another individual. Under the MAID Act, the physician prescribes but does not administer the medication. Patients must self-administer, without coercion.
- When will MAID become available to New York state residents?
- MAID will be effective and available to New Yorkers on August 5, 2026, allowing for a six-month implementation period to ensure the Department of Health and healthcare facilities have time to establish regulations.