ny-HLT-22-26-00001-A: Medical Aid in Dying (MAID) Physician Reporting Requirements

I.D. No. HLT-22-26-00001-A Filing No. 972 Filing Date: 2026-10-13 Effective Date: 2026-10-28 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedureAct, NOTICE is hereby given of the following action: Action taken: Addition of section 35.7 and Part 1008 to Title 10 NYCRR. Statutory authority: Public Health Law, sections 2899-o, 2899-p and 2899-q Subject: Medical Aid in Dying (MAID) Physician Reporting Requirements. Purpose: To establish reporting requirements for physicians who use MAID so that the Department can determine utilization and compliance. Text or summary was published in the June 3, 2026 issue of the Register, I.D. No. HLT-22-26-00001-P. Final rule as compared with last published rule: No changes. Text of rule and any required statements and analyses may be obtained from: Katherine Ceroalo, DOH, Bureau of Program Counsel, Reg.Affairs Unit, Room 2438, ESP Tower Building, Albany, NY 12237, (518) 473- 7488, email: regsqna@health.ny.gov Initial Review of Rule As a rule that does not require a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2031, which is no later than the 5th year after the year in which this rule is being adopted. Assessment of Public Comment This Assessment of Public Comment responds to comments on the proposed regulation to create Medical Aid in Dying (MAID) physician reporting requirements. The New York State Department of Health (“Department”) received over a hundred comments from entities and individuals regarding the proposed new Part 1008 and new section 35.7 to be added to Title 10 (Health) of the State of New York Codes, Rules and Regulations (NYCRR). Commenters included advocates, health care providers, attorneys, and other individuals. Comment: Many commenters requested changes to the MAID law itself. Response: The Medical Aid in Dying Act was passed into law by Chapter 714 of the Laws of 2025, amended by Chapter 1 of the Laws of 2026 and is codified in Article 28-F of the Public Health Law. To amend the MAID law would require an act of the Legislature and is outside the scope of this regulation. Comment: A commenter believed the regulations should contain ad- ditional rules regulating the practice of MAID. Response: The MAID law includes rigorous safeguards to ensure that the law is used appropriately and responsibly. These regulations are focused on establishing reporting requirements for physicians who use MAID so the Department can determine utilization and compliance with Article 28-F of the Public Health Law. No changes were made to the regulation in response to this comment. Comment: The Department received many comments in support of the proposed regulations. Response: The Department acknowledges the commenters’ support for the regulations. Comment: Some commenters requested that the Department expand reporting requirements to include additional information and data points, such as the social reasons a patient requested MAID or the unused medica- tion disposal tec