The Practical Issues of Medical Aid in Dying
1.23.2025
Assuming there comes a time when New York State has a law allowing the terminally ill to end their lives – also known as Medical Aid in Dying – attorneys will have a lot of practical issues to consider for their clients.
A panel presented by the Elder Law and Special Needs Section at the New York State Bar Association’s Annual Meeting discussed what attorneys should look out for, and what they can learn from states that already have such legislation in place.
The speakers were:
- Mary Beth Quaranta Morrissey, PhD, panel organizer, professor and director of the PhD program in Social Welfare Policy at the Wurzweiler School of Social Work at Yeshiva University, and chair of the Health Law Section.
- Edward F. McArdle, bioethics professor at SUNY Upstate and Cornell Law School.
- John Dow, assistant counsel at Trinity Health.
All of the panelists were members of the New York State Bar Association’s Task of Medical Aid in Dying, with Morrissey having served as task force chair. In January 2024, the New York State Bar Association endorsed the task force’s recommendations to support legislation allowing medical aid in dying.
In the proposed legislation, an adult with a terminal illness or condition, as well as decision-making capacity, can request medication to end their life. The request needs to be made both verbally and in writing.
Morrissey opened the conversations by calling attention to recent social and cultural contexts of death and dying, including the experience of the late President Carter who had written and talked much about the end of life and spent his last days in hospice. Morrissey also mentioned the recently released Pedro Almodóvar film, “The Room Next Door,” which presents a story about a woman who is terminally ill and struggling with unbearable suffering. Importantly, Morrissey shared that testimony heard by the task force in 2024 highlighted that not all suffering can be relieved with current pain management and palliative care interventions.
Currently, ten states and Washington, D.C. have legalized medical aid in dying. But the panelists said that patients who wish to use this have run into issues, like finding a doctor and pharmacy willing and able to help. For example, while Vermont legalized medical aid in dying in 2013, there is still only one pharmacy in the state that prescribes the life-ending medication.
“Another practical issue is the cost of the medication,” said McArdle, noting that it can cost between $700 and $3600 and may not be covered by insurance. “You have to have this amount of money, which can limit the number of people who are able or have the financial means to participate.”
Panelists also recommended that patients and their attorneys review insurance, trusts, wills, and other relevant documents to reduce uncertainty. For example, will an insurance policy refuse to pay out?
Should New Yorkers choose to travel out of state for medical aid in dying, there will also be issues around travel and bringing back remains.
“The bar association will continue its advocacy on these issues if the law is enacted,” Morrissey said. “There will be a ongoing role for us, and we invite you and the other sections to help us advocate for the next generation of changes that we need to see as this policymaking moves forward.”
