Hochul agrees to sign Medical Aid in Dying Act, triggering healthcare facility upgrades

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New York Construction Report staff writer

Gov.  Kathy Hochul announced on Dec. 17 that she will sign the “Medical Aid in Dying Act,” a move expected to prompt significant policy and infrastructure adjustments within New York’s healthcare construction sector.

The legislation (S138/A136) allows terminally ill, mentally competent adults with six months or less to live to request life-ending medication. Hochul’s agreement followed the addition of several “guardrails,” including a mandatory mental health evaluation and a six-month implementation window after the bill is formally signed in January 2026.

The new law includes a provision allowing religiously affiliated healthcare facilities and hospice providers to “opt out” of providing the service. However, facilities that choose to participate — or those required to facilitate patient transfers — will likely need to designate specific private rooms or consultation spaces to meet the law’s strict privacy and witness requirements.

“This was one of the toughest decisions I’ve ever made as governor,” Hochul said, noting that the six-month delay is intended to give the Department of Health and healthcare facilities time to “properly prepare” their staff and physical environments for compliance.

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