What does the New York State Medical Aid in Dying (MAID) Law mean for life insurance and estate planning?

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On August 5th, 2026, the New York State Medical Aid in Dying (MAID) law went into effect. The Medical Aid in Dying (MAID) law allows patients who are mentally competent and terminally ill to obtain a prescription for medication that they can choose to self-administer to end their life. This new, contentious piece of legislation could have effects on life insurance and estate planning. This article will address what the Medical Aid in Dying (MAID) law is, the process for a patient to request it, and its effects on life insurance and estate planning.

What is the Medical Aid in Dying (MAID) law?

The Medical Aid in Dying (MAID) law is a newly passed law that allows mentally competent, terminally ill adult New York residents obtain a prescription for medication that they can choose to self-administer to end their life. According to the New York State Department of Health, in order “to qualify for Medical Aid in Dying, a person must:

  • Be an adult, aged 18 or older;
  • Be a resident of New York State;
  • Have a medically confirmed terminal illness that is incurable and irreversible and will likely cause death within 6 months whether or not treatment is provided;
  • Have the ability to understand and appreciate the nature and consequences of Medical Aid in Dying, including the benefits, risks, and alternatives, and to reach an informed decision; and
  • Be able to self-administer the medication.”

It is important to note that in order to be considered a resident of New York State, the patient must live in New York State. A mailing address itself is insufficient to prove residency.

What is the process for Medical Aid in Dying (MAID)?

The process for a patient to request Medical Aid in Dying is that the patient must first make an explicit verbal request to their attending physician in person. Then, the patient must make both an oral and written request to their attending physician. The requests must be made by the patient and not any other individual. It also may not be made in any advance healthcare directive, such as a living will. The oral request must be recorded by an audio or video device and becomes a permanent part of the patient’s medical record. If the patient cannot physically make an oral request, it can be made using an alternative communication method, such as sign language. The written request must be made using the DOH-5847 form “Request for Medication to End my Life.” 

When the written request is signed, it must be witnessed by at least two legally and financially disinterested adults that believe the patient:

  • Has decision-making capacity
  • Is acting voluntarily
  • Making the request with the patient’s own free will
  • Is not being coerced to sign the request

New York State has strict requirements for the two witnesses. In order to make sure that the patient is not being influenced in any way to sign the request, the witnesses may not be:

  • A relative of the patient by blood, marriage, or adoption
  • A person who would benefit financially from the death of the patient
  • A beneficiary of the estate of the patient upon death
  • A worker of the health care facility where the patient is being treated or is a resident
  • A domestic partner of the patient
  • A health care agent under the patient’s health care proxy
  • An agent acting under power of attorney for the patient 
  • The attending physician of the patient
  • The consulting physician of the patient 
  • The mental health professional of the patient

After the requests, there must be a medical confirmation done. The attending physician and consulting physician must both independently examine the patient to confirm the terminal diagnosis and prognosis. They must both confirm that the patient is likely to die in 6 months regardless of treatment. The physician is required to inform the patient of all available end-of-life care options, such as hospice care or palliative care, in order to ensure that the patient is aware of the other options from MAID. Then, a mental health professional (psychologist or psychiatrist) must evaluate the patient to confirm that the patient has decision-making capacity and understands the consequences of MAID.

After the patient passes the mental health evaluation, the prescription is written. The prescription is not written until the attending physician offers the patient an opportunity to rescind the request for MAID. New York State has a mandatory five-day waiting period from the time the final prescription is written until the pharmacy can fill the prescription. This waiting period is in place as a safeguard for the patient and is in place unless the attending physician determines that the patient is not expected to survive for the duration of that period. Note that not all pharmacies are participating and will fill the prescription.

When the patient obtains the medication, the patient must independently swallow or intake the medication. No other person is legally permitted to administer it for the patient. The medication may not be an injection or infusion, but the patient can use a tool or assistive device to self-administer the medication.

At any time, the terminally ill patient can withdraw their request, not take the medication once the prescription has been filled, or change their mind at any time. The New York State law states that the patient’s choice to participate in MAID must be voluntary and deliberate.

What is the difference between New York and New Jersey’s Medical Aid in Dying (MAID) laws?

New York State is not the first state to pass Medical Aid in Dying. New Jersey has had a similar act, called Medical Aid in Dying for the Terminally Ill, since 2019. Compared to New Jersey’s Medical Aid in Dying for the Terminally Ill law, New York’s Medical Aid in Dying law has stricter procedural requirements. The differences between the two states’ laws can be seen in the table below:

New York Requirements  New Jersey Requirements 
Mandatory 5-day waiting period between writing and filling the prescription  No mandatory waiting period between writing and filling the prescription
Oral request must be recorded via video or audio Oral request required but does not need to be recorded
Mandatory mental health evaluation by a psychologist or psychiatrist for all patients  Psychological evaluation only if attending physician has doubts about the patient’s decisional capacity
Initial physician evaluation must be conducted in person, except in cases of “extraordinary hardship” Initial physician evaluation can occur via telehealth in all cases

However, the New York and New Jersey laws have some shared requirements. Both states:

  • Require a terminal diagnosis with a life expectancy of 6 months or less
  • Patients must physically and voluntarily self-administer the medication
  • Limit the option to in-state residents
  • Prohibit individuals who benefit financially or receive an estate from the patient from acting as a witness or interpreter

What are the Medical Aid in Dying (MAID) Law’s effects on life insurance?

The Medical Aid in Dying (MAID) Law protects life insurance payouts. Legally, MAID is distinct from suicide. Life insurance policies cannot be invalidated if a policyholder chooses to use Medical Aid in Dying. Additionally, payouts cannot be denied or reduced if a policyholder chooses to utilize Medical Aid in Dying. On official documents, such as the death certificate or contracts, the cause of death named is the terminal illness itself, and must not be considered as suicide, assisted suicide, attempted suicide, euthanasia, mercy killing, or homocide.

There are legal provisions in place to prevent insurance companies from taking advantage of any patient that chooses to participate in Medical Aid in Dying. Insurance companies are banned from pressuring any patients to choose MAID. Also, any private contract that alters or penalizes individuals’ insurance terms based on if they die via MAID is void. Thus, MAID is protected and has no effect on the life insurance of an individual.

What are the Medical Aid in Dying (MAID) Law’s effects on estate planning?

An individual who participated in Medical Aid in Dying has to consider important limitations on who can serve as a witness for their MAID request. MAID requires strict separation in estate planning. Firstly, the witnesses or interpreters for the request cannot be anyone who stands to benefit financially from the patient’s estate. This includes family members, heirs, and anyone designated as a beneficiary to inherit a portion of the patient’s estate. These requirements are in place to make sure that there is no influence for the patient to participate in MAID. Secondly, the choice to request and self-administer the medication cannot be delegated to an agent under a Power of Attorney or a Health Care proxy. It is a strictly personal decision and action.

In light of the new Medical Aid in Dying (MAID) Law, it is extremely important to keep your estate plan updated. To schedule an estate planning consultation with our experienced attorney, call our office at (718) 333-2394. 

Frequently Asked Questions

Is the patient required to inform anyone that they are requesting for Medical Aid in Dying?

The patient is not required to inform family or anyone else of their intention to participate in Medical Aid in Dying, but it is highly recommended for the patient to inform the people closest to them. The patient should have Do Not Resuscitate (DNR) and Do Not Intubate (DNI) orders to avoid the possibility of emergency medical services personnel from attempting to resuscitate the patient after the patient administers the medication. It is also recommended to have others present when the patient self-administers the medication to ensure that the cause of death is correctly listed on the death certificate.

Does Medicaid cover the cost of the medication for Medical Aid in Dying (MAID)?

No, the New York State Medicaid program does not cover the cost of prescriptions for Medical Aid in Dying. However, standard end-of-life medication for palliative care or hospice care is covered by New York Medicaid.

How can the patient self-administer the medication?

The patient must self-administer the medication in a conscious and voluntary manner. The medication may not be an injection or infusion, but they can ingest it using tools or assistive devices, such as a feeding tube. The patient must ingest the medication without any assistance from a healthcare provider or any other person. If the patient is unable to self-administer the medication, they cannot utilize Medical Aid in Dying and should instead seek alternative options such as hospice or palliative care.

Do all facilities have to participate in Medical Aid in Dying (MAID)?

No, not all facilities will participate in Medical Aid in Dying (MAID). Pharmacies may refuse to participate in Medical Aid in Dying dispensing. Additionally, a hospital can prohibit the prescribing, dispensing, ordering, or self-adminstering of Medical Aid in Dying medication at its facility. However, the hospital must have a formally adopted policy that is in writing and available upon request that they prohibit Medical Aid in Dying. If a patient at a health care facility requests Medical Aid in Dying, the health care facility must transfer the patient to another health care facility that is willing to permit the patient to undergo Medical Aid in Dying. 

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