Two Catholic nursing homes in Westchester County are suing New York over the state’s recently passed Medical Aid in Dying Act, asserting it violates federal law and has “significant” fines and penalties for those refusing to take part.
The legislation, also called MAID, is set to take effect on Aug. 5 and will allow doctors to prescribe lethal pills to mentally competent patients who request them and are determined to have less than six months to live with no hope of recovery. While the bill was first proposed in Albany in 2016, New York Gov. Kathy Hochul approved the measure in February after the state Legislature passed it through last year.
Cabrini of Westchester, a nursing facility run by the Carmelite Sisters in Dobbs Ferry that offers palliative care, and the Dominican Sisters of Hawthorne, who operate the 42-bed Rosary Hill Home in Hawthorne and offer free hospice care for terminal cancer patients who can’t afford to go elsewhere, are two of several orders of Catholic nuns and Catholic healthcare ministries challenging the incoming state law.
“For over 25 years, we have ministered to the poor who are dying of cancer as if they were Christ Himself,” Mother Marie Edward, superior general of the Dominican Sisters of Hawthorne said in a statement.
“Our calling is to offer comfort, prayer, and loving medical care to those in their final days — not death,” she added. “We pray the court will protect our freedom to remain faithful to that ministry God has entrusted to us.”
The Dominican Sisters this year also sued the state over its new transgender policies, which require nursing homes across New York to respect the gender identities of residents in deciding room assignments and which restrooms they may use. The sisters argued it would force them to violate the Catholic Church’s teaching that a person’s gender at birth can’t be changed and infringe on their constitutional rights.
Here’s what the lawsuit says.
Why was the Medical Aid in Dying lawsuit filed?
Filed on Friday, July 17, in the Northern District of New York, the sisters are seeking to either “not coerce religious providers in this way” or block MAID entirely as they say it violates multiple parts of federal law — the First Amendment, Americans with Disabilities Act, Equal Protection Clause and Supremacy Clause — and will cause those who refuse to take part in it to “face crippling fines, professional sanctions, and criminal penalties.”
“Following their Catholic faith, these ministries cannot prescribe lethal suicide drugs, direct patients to obtain them, or help facilitate a patient’s suicide in any way,” a news release provided by Becket, a nonprofit legal institute that protects free religious expression, said.
“Yet New York’s Medical Aid in Dying Act will force them to do exactly that,” the organization added.
According to the lawsuit, the sisters say MAID forces New York hospitals, nursing homes and assisted living homes to potentially jeopardize their federal healthcare funding and calls the opt out “among the narrowest in the nation” as they say it “doesn’t apply to independent assisted living facilities like those run by the Benedictine Sisters.”
“The Catholic patients who wish to die without being offered the chance to kill themselves at their lowest moment will be left out in the cold,” the lawsuit states.
In an emailed response to the USA TODAY Network, a spokesperson for Hochul’s office said they don’t comment on pending litigation but added that “under this historic legislation participation is entirely voluntary, and religious facilities have the right to opt out if they choose to do so.”
“What this law does is allow terminally ill New Yorkers with less than six months to live to make a voluntary, informed decision, it reflects years of thoughtful planning and consideration,” the statement continued. “The Department of Health is working on regulations that will implement the law thoughtfully and responsibly.”
Hochul has previously said she understands and respects the views of the Catholic Church and others in regards to the legislation, but referred to her mother’s battle with ALS as a reason behind her decision to ultimately sign it.
What is required by New York’s Medical Aid in Dying Act?
New York was the 13th state to legalize medically assisted suicide for terminally ill patients. The following requirements need to be met in order to qualify for MAID, according to the state Department of Health:
Will those who decline to honor a patient’s medically assisted suicide request face fines?
No, they won’t, as participation in MAID is voluntary, according to the state Department of Health.
“No physician, pharmacist, other healthcare provider or other person shall be subject to liability or penalty or professional disciplinary action by any government entity for taking any reasonable good-faith action or refusing to act under the Medical Aid in Dying law,” the DOH’s website states.
And according to the governor’s office, religious facilities and their affiliates can ban MAID from taking place inside their facilities, restrict their employees from being involved in MAID, and penalize any employees that do participate.
The only requirement healthcare providers who deny honoring a patient’s request for medical aid in dying have to follow is arranging for the transfer of the patient.
USA TODAY Network reporter Chris McKenna contributed to this report.
Emily Barnes covers state government for the USA TODAY Network-New York with a focus on how policy and laws impact New Yorkers’ taxes, communities and jobs. Follow her on Instagram or X @byemilybarnes. Get in touch at ebarnes@usatodayco.com.
This article originally appeared on Rockland/Westchester Journal News: Catholic nursing homes, nuns sue NY over Medical Aid in Dying Act
Reporting by Emily Barnes, New York State Team / Rockland/Westchester Journal News
USA TODAY Network via Reuters Connect
By Emily Barnes, New York State Team | USA TODAY Network
