May 2025
TO: MEMBERS OF THE LONG ISLAND JEWISH
ORGANIZED MEDICAL STAFF
On April 29th, after a long floor debate, the NY State Assembly passed Assembly Bill 136, the Medicaid in Dying Act, also known as “Death With Dignity Act.” New York would be one of eleven other US jurisdictions where Medicaid Aid in Dying would be legal.
Medicaid in New York does not currently cover service or medications related to medical aid in dying. If it were to pass, it would allow terminally ill patients – with six months, or less, to live – to receive medication they could self-administer to end life peacefully.
As stated, it is legal in ten other States and the District of Columbia, as a state program, but not by the federally funded Medicare.
Highlights of the legislation: Safeguards to ensure the patient’s decision is voluntary and informed, including two physician confirmations, mandatory mental health evaluations and a right to withdraw at ANY time. The medical community should take pride, as it was the ground swell of support that moved many of the legislators to take action.
To be noted, the New York Court of Appeals has previously declined to recognize a constitutional right to medical aid in dying but affirmed the legislature’s right to establish a regulated system.
Now that it has passed the Assembly, the status in the NY Senate is that it is presently “In Committee,” -the Senate Health Committee- Chaired by Senator Rivera.
If passed, it would be delivered to the Governor’s desk for signature.
Respectfully submitted,
Schaum Law Offices