A group of disability rights advocates filed a lawsuit last week against New York’s Medical Aid in Dying Act, which is set to go into effect on Aug. 5.

The bill was signed into law last February after a 10-year effort by advocates to get it passed.

The plaintiff organizations — which include the Brooklyn Center for Independence of the Disabled; the Regional Center for Independent Living; the United Spinal Association; Not Dead Yet; the Institute for Patients’ Rights; the National Council on Independent Living; and the Independent Living Center of the Hudson Valley (ILCHV) — claim that people with life-threatening disabilities belong to a protected class and are at risk of harm if the law goes into effect. 

“Our concern is that people with spinal cord injuries, people with strokes, that they are already considered to (have) life-threatening disabilities, and in and of themselves, those categories can put you in danger of being discriminated against, not getting the services that you need. The proper services that you need in order to live independently in the community. Too often our services are being taken away from us,” ILCHV’s executive director Denise Figueroa told Capital Tonight. 

The lawsuit directly blames the $1 trillion in Medicaid cuts at the federal level as well as the shift on the state level from multiple independent fiduciaries to a single fiduciary under the Consumer Directed Personal Assistance Program (CDPAP) for leaving people with disabilities without a viable support system.

“It’s a problem because many people have been well, cut off from services at this point. People have dropped out of the system and we’re not sure where they are, whether they’re getting traditional home care or whether they’ve just dropped out because they couldn’t handle the complicated bureaucracy of trying to transition from the old fiscal intermediary service where they had individual organizations that supported them, to one entity that is, if you’re not computer savvy, if you don’t know how to navigate the system, you can easily drop out,” Figueroa said. “There’s more than 70,000 people who are no longer in that system. We don’t know where they are at this point and the Health Department hasn’t indicated where they’ve gone.”

The New York state Department of Health, which oversees CDPAP responded to Figueroa’s claims with a statement:

In an emailed statement to Capital Tonight, state Health Commissioner Dr. James McDonald, wrote: 

“Medical aid in dying addresses deeply personal decisions that may arise for individuals facing a terminal illness and their loved ones. This legislation reflects years of thoughtful planning and consideration, and the Department is committed to implementing the law thoughtfully and responsibly. As the effective date approaches, it is important that New Yorkers have the opportunity to review and understand measures designed to provide dignity and comfort at the end of life.”

“The fact is that people with disabilities will be offered Medical Aid in Dying instead of being offered the care that they need,” Figueroa said. 

While there are significant protections built into the law, including a mandatory mental health evaluation and a five-day waiting period, Figueroa argues that the law doesn’t mandate mental health services, if they are warranted. 

“The law does not require that you need mental health services in order to get Medical Aid in Dying,” she said. “What it requires is that a mental professional assess whether you can make the decision. So, you can make the decision but not necessarily be offered the services that you need. If you’re depressed, anybody else would be offered psychological services.”

Last week, a spokesperson for Gov. Kathy Hochul responded to Capital Tonight’s request for comment regarding the lawsuit with the following statement:

“While we cannot comment on any pending litigation, the historic legislation allows terminally ill New Yorkers with less than six months to live to make a voluntary, informed decision to request medication for medical aid in dying. It reflects years of thoughtful planning and consideration. The Department of Health is working on regulations that will implement the law thoughtfully and responsibly.”

Capital Tonight has invited an advocate for the Medical Aid in Dying law to appear on the show on Friday,