Last week, after over a decade of trying, advocates rejoiced when the New York state Assembly passed a bill allowing for medically assisted suicide. After an emotional debate, the so-called Medical Aid in Dying Act passed by an 81-67 vote. 

The legislation faces an uphill battle in the state Senate, but if passed into law, it would allow mentally competent, terminally ill patients over the age of 18 to self-administer physician-prescribed life-ending medication. 

The bill is opposed by some members of the disability rights community and the New York State Catholic Conference.

Capital Tonight heard from both those opposed to and those in support of the bill, A136 Paulin/S138 Hoylman-Sigal.

Dr. Diane Meier, a recipient of the MacArthur Genius Grant, stands in opposition to the bill. She is a doctor of internal medicine at Mt. Sinai Hospital, and the immediate past CEO of the Center to Advance Palliative Care. Her most recent book, “Meeting the Needs of Older Adults with Serious Illness: Challenges and Opportunities in the Age of Health Reform," was published in 2014.

“Let me begin by saying that when I was younger, I was strongly in favor of [assisted suicide],” she said. “As I practiced for longer, and took care of a lot more patients, I was increasingly taking care of patients who came to me wanting suicide.”

When her patients took the time to explain why they wanted to die, many people described feeling like a burden or expressed a fear of pain or a fear of the dying process.

After people were told how palliative care could relieve many of these symptoms, Meier said, “overwhelmingly, people no longer wanted to be dead.”

Geriatrician Dr. Jeremy Boals is a friend and colleague of Meier at Mt. Sinai. He was most recently the chief clinical officer for Mt. Sinai Health System; Boals stepped down from that position in 2023 after receiving a diagnosis of A.L.S., or Lou Gehrig’s disease. 

He told Capital Tonight that he disagrees with Meier’s assertion that patients dying of A.L.S. or terminal cancer can die without pain if cared for by trained palliative care experts.

“With the utmost respect for Dr. Meier, I think that’s true in most cases,” Boals explained. “Unfortunately, having had direct, first-hand experience with patients – patients receiving the very best palliative care, in hospital, at home, I can call Dr. Meier’s attention to Ayla Eilert and her parents. I’d love for Dr. Meier to have a conversation with Ayla’s parents.” 

In 2022, Ayla’s father, Daren Eilert, told Capital Tonight that “Medical Aid in Dying” could help people like his 24-year-old daughter, who was an aspiring ballet dancer. Alya had died earlier that year after fighting an aggressive form of cancer. Her father said that despite receiving palliative care, Ayla would plead with staff at Mt. Sinai to help her and would say “my soul is being torn apart” by the pain.

According to Corinne Carey, senior campaign director for Compassion & Choices, a group that advocates for medically assisted suicide, there are enough votes in the state Senate to pass the bill.

Last week, Senate Majority Leader Andrea Stewart-Cousins told Capital Tonight that there were 25 “yes” votes in that chamber – 32 are needed to pass. Carey pointed out that while the Senate bill has 25 sponsors, there are additional members who support the bill. 

The Assembly bill received 81 votes, while only having 65 bill sponsors.  

“We believe that if this bill were to be put up for a vote (in the Senate), this would pass,” Carey said.