New York to legalize medical aid in dying this month: Here’s what you need to know

STATEN ISLAND, N.Y. — The Medical Aid in Dying Act is set to be signed into law by New York Gov. Kathy Hochul this month, ending a 10-year journey for the controversial legislation.
Here’s what you need to know about the bill.
When will Hochul sign it?
Hochul announced on Dec. 17 she would sign the Medical Aid in Dying Act into law after coming to an agreement with the New York State Legislature on additional safety guardrails.
While no specific date has been announced, the Legislature begins its 2026 session on Jan. 7. Lawmakers must formally pass the agreed-upon changes before the bill is sent again to Hochul’s desk.
>> Read the full explanation from Gov. Kathy Hochul about why she decided to legalize medical aid in dying >>
When will the bill go into effect?
According to Hochul, the law will go into effect six months after she signs the bill.
What are the additional guardrails?
Hochul stated she and the state Legislature came to an agreement on the Medical Aid in Dying Act after elected officials agreed to add several more guardrails. Those guardrails include:
A mandatory waiting period of five 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.
Limiting the availability of medical aid in dying to New York residents.
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 bill to six months after signing to allow the Department of Health to put into place regulations required to implement the law while also ensuring that health care facilities can properly prepare and train staff for compliance.
About the bill
The Medical Aid in Dying Act — which was carried by Manhattan Sen. Brad Hoylman-Sigal in the Senate and Westchester Assemblymember Amy Paulin in the Assembly, and counts Staten Island state Sen. Jessica Scarcella-Spanton as its prime co-sponsor — allows mentally competent, terminally ill patients over the age of 18 the choice of self-administering prescribed life-ending medication. Only those with medically confirmed terminal illnesses and conditions who have fewer than six months to live will be able to request medical aid in dying. A person doesn’t qualify for the measure, also commonly known as MAID, solely because of age or disability, and there is no list of qualifying medical conditions. Health care providers who don’t wish to participate in the process can opt out without fear of retribution.
New York will become the 14th jurisdiction in the United States to permit medical aid in dying. Others include Oregon, Washington, Montana, Vermont, California, Colorado, the District of Columbia, Hawaii, New Jersey, Delaware, Maine and New Mexico. Illinois Gov. JB Pritzker signed the End-of-Life Options for Terminally Ill Patients Act earlier this month.
All four Staten Island assemblymembers — Charles Fall, Michael Reilly, Michael Tannousis and Sam Pirozzolo — voted against the legislation, as did state Sen. Andrew Lanza. Fall is a Democrat, while Reilly, Tannousis, Pirozzolo, and Lanza are Republicans.
A look back
In April 2024, the Advance/SILive.com launched a series exploring the controversial measure. The series kicked off with Ayla Eilert’s story. Eilert, 24, was was diagnosed with squamous cell carcinoma of the tongue in 2021. Six days later, the Manhattan resident underwent surgery to remove half her tongue — which was then rebuilt with part of her thigh — and 22 lymph nodes. Less than seven months later, she was dead. Her parents, Daren and Amy Eilert, have since become staunch advocates for New York’s measure.
When reached for comment on Wednesday, Daren Eilert told the Advance/SILive.com he was still “very sad that the governor has not signed the bill.”
“Each day that goes by reminds me of each day that Ayla was in agony.
“I can be elated when it is signed.”
Diagnosed with stage 4 pancreatic cancer, Staten Islander Gina Luongo told the Advance/SILive.com she wasn’t committed to using medical aid in dying should it legalize, but still wanted the option. Luongo died in May 2025 at age 52.
Longtime Staten Islander Brian Moffett was officially diagnosed with amyotrophic lateral sclerosis, also known as ALS, in spring of 2024, though had shown symptoms for a couple of years. He told the Advance/SILive.com in May he wanted to be the first person in New York state to legally use medical aid in dying. When the measure failed yet again to pass, Moffett condemned New York lawmakers; he knew he would not live long enough to see the next legislative session and would not be able to “die with dignity.”
Moffett invited the Advance/SILive.com to his home in Bethel, New York, in July, to discuss his deteriorating health and to again call on New York lawmakers to pass the Medical Aid in Dying Act. Moffett died less than two weeks later; his son, Jake, wrote his father’s obituary.
Jake Moffett has since become an advocate for the measure, calling on Gov. Kathy Hochul and the New York State Legislature to enact the law in honor of his father.
Along the way, the Advance/SILive.com’s coverage sparked readers to reach out with their own support of the measure.
Among them were Brian Kateman, who called on politicians to allow the choice for a more compassionate end, and Robert Moffit (no relation to Brian Moffett), who wanted access to medical aid in dying.
Moffit was diagnosed with ALS in early 2024 and given two to five years to live. He died in April, his family confirmed to the Advance/SILive.com.
Integral in the fight to pass the Medical Aid in Dying Act was Senior Campaign Director for Compassion & Choices NY/NJ Corinne Carey.
“This law will represent the culmination of more than 10 years of determined, consistent effort by hundreds, no, thousands, of New Yorkers who advocated for this law,” said Carey. “I’ve had and continue to have the honor of walking alongside New Yorkers who faced terminal diagnoses with bravery and love — people who opened their homes, their hearts, and often their final months to this movement. Many did not live to see this day.
“This law is about compassion, family, love, and respect for bodily autonomy. New Yorkers deserve nothing less. I am grateful that Gov. Hochul listened to the voices of people whose lives and deaths were directly affected.”