Gov. Kathy Hochul (D-New York) signed S.138/A.136 into law in February. It allows medical aid in dying to be available to terminally ill New Yorkers who are at least 18 years of age and have fewer than six months to live.
Hochul (pictured above) said it is about freedoms and the right to bodily autonomy, things the governor said include the "right for the terminally ill to peacefully and comfortably end their lives" with dignity and compassion.
"This journey was deeply personal for me," she said at the bill signing. "Witnessing my mother's suffering from ALS was an excruciating experience, knowing there was nothing I could do to alleviate the pain of someone I loved."
Patients wanting to take advantage of this law must make oral and written requests before doing so, and physicians must also sign off on the decision.
Still, Jessica Rodgers, coalitions director for the New York-based Patients Rights Action Fund (PRAF), has concerns.
"It sends a dangerous message to people with disabilities, older adults, and seriously ill patients that death is an acceptable substitute for care," she said in a press release. "At a moment when homecare workers are in short supply and Medicaid supports are being cut, the state is offering lethal prescriptions instead of the treatment, pain management, and in-home support that patients actually need to live safely."
According to Rodgers, expressing a desire to end one's life is something that should always be met with suicide prevention, appropriate support services, and mental healthcare. This is especially important for people living with disabilities, people who are often assumed to be a burden on society or lack quality of life, even by their own doctors.
"Their lives are now in danger rather than safe hands if they come to doctors expressing a desire to end their life," Rodgers summarized. "This is compounded by the alarming lack of safeguards in actually implementing the law, as evidenced by the rushed time period to address public comments."
PRAF will continue to challenge "the fundamental violation of the rights of New Yorkers" inherent in assisted suicide legislation.
In addition to calling for further review of the physician reporting requirements, a coalition of disability advocates has challenged the law in federal court and is working with its legal team to pursue a path forward in seeking justice and protecting patients' rights.
"This legislation is a deeply flawed response that misdiagnoses the problem," said Rodgers. "Rather than expanding access to proven end-of-life care, pain management and support services, it places the lives, health, and safety of people with disabilities at risk."
