Category: scMAiD

There has been a bit of a development in the ongoing saga of so-called Medical Aid in Dying (scMAiD) in NYS that should be more widely known.

As background, the Assisted Suicide Funding Restriction Act of 1997 directs that Federal funds (including Medicare, Medicaid, and other Federal programs) cannot be used to pay for anything related to scMAiD. While there have been attempts to reverse this prohibition, these have thus far been unsuccessful.

The recent development is that on April 6, 2026, the Centers for Medicare & Medicaid Services issued a Request for Information Regarding Medical Aid in Dying (MAID) (scroll down to #3) to Hospice organizations in states where scMAiD is legal. This request does not (yet) apply to Hospices in NYS because, although the bill has been passed it has not yet take effect (which will happen in early August). This “request” is important, especially the following:

We wish to reiterate that no Medicare funds, including hospice payments, may be used to facilitate MAID, including physician consultation services, prescribing or dispensing of medications used for the purpose of causing death, or assistance with the ingestion of such medications. As such, we are also requesting information on any additional CMS oversight mechanisms that should be in place to safeguard the use of Federal funds for the provision of MAID items and services. We welcome any additional information regarding hospices’ experience with patients choosing to utilize MAID, with the expectation that hospice providers and staff are adhering to Federal law.

One could imagine some, even among those who categorically oppose scMAiD, seeing this as worrisome given that it could conceivably decrease/discourage Hospice use generally. In response to such concerns, it is worth pointing out the following…

First, from its inception, the philosophy of the modern Hospice movement has been to provide compassionate care for those approaching the end of their lives without(!) purposefully hastening that moment. As support for this:

To quote Dame Cicely Saunders, founder of the first modern hospice, “You matter because of who you are. You matter to the last moment of your life, and we will do all we can, not only to help you die peacefully, but also to live until you die.”

Second, suicide being an offense against God (and yes, scMAiD qualifies), there cannot be a “right” to this (or any other) sin. This is clearly true regardless of any specific undesirable consequence(s) that might result from acting in accord with this principle.

Ultimately, it is reassuring to see the Federal government looking to enforce the law in this regard and it will be interesting to see how NYS Hospices respond to this request.