Court papers: New York's Archdiocese joins Long Island entities in Medical Aid in Dying Act lawsuit
New York Archibishop Ronald Hicks during Solemn Vespers evening prayer at St. Patrick's Cathedral in Manhatan in February. Credit: AFP via Getty Images/Leonardo Munoz
New York's archdiocese and its Catholic healthcare ministry have joined a number of Long Island-based religious entities in a federal lawsuit arguing that a new state law, which allows life-ending medication be made available to some terminally ill residents, would force them to violate their religious beliefs.
Archbishop Ronald Hicks, the Archdiocese of New York and ArchCare — which includes multiple nursing homes, hospitals, rehabilitation facilities, memory care centers and hospice locations — signed on late last month to an amended lawsuit in New York's Northern District challenging the Medical Aid in Dying Act.
On July 30, the court agreed to a narrow temporary restraining order exempting the suit's original plaintiffs — four orders of Catholic nuns, including the Missionary Sisters of St. Benedict, which operates St. Joseph's Home for the Aged, an assisted living facility in Huntington; the Rockville Centre Diocese; and the Catholic Health System of Long Island — from providing information to patients about the law. The amended suit seeks to extend the same protection for the New York archdiocese and its Catholic healthcare providers.
"As Catholics, we are guided by the compassion of Jesus to serve those of every background who are in need of healing," Hicks said in a statement. "We refuse to allow New York to force us to harm the very ones we’ve been called to care for."
WHAT NEWSDAY FOUND
- Archbishop Ronald Hicks, the Archdiocese of New York and ArchCare, its healthcare ministry, have joined a federal lawsuit challenging a new law that allows life-ending medication be made available to some terminally ill residents.
- In July, the court issued a temporary restraining order, exempting four orders of Catholic nuns, the Rockville Centre Diocese and the Catholic Health System of Long Island from providing information to patients about the Medical Aid in Dying Act.
- The MAID Act allows mentally capable adults who have six months or less to live to request life-ending medication prescribed by a physician to "hasten" their death.
The suit names state Attorney General Letitia James, Health Commissioner Dr. James McDonald and Michael Iannuzzi, the interim chair of the New York State Board of Professional Medical Conduct. It contends the MAID Act violates the U.S. Constitution's First Amendment, the Americans with Disabilities Act and the Affordable Care Act.
Law has limits, exemptions
"While we cannot comment on any pending litigation, under this historic legislation participation is entirely voluntary, and religious facilities have the right to opt out if they choose to do so," a spokeswoman for Gov. Kathy Hochul said in a statement. "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 Department of Health is working on regulations that will implement the law thoughtfully and responsibly."
The MAID Act, which was signed into law by Hochul in February and went into effect in August, allows mentally capable adults who have six months or less to live to request life-ending medication prescribed by a physician to "hasten" their death.
Two doctors would have to confirm the prognosis. Patients must undergo a mental health evaluation, make both a written and verbal request, and wait at least five days before a prescription may be filled. A candidate would have to make an informed decision without being coerced and be able to self-administer and ingest the medication.
New York is now the 13th state, along with the District of Columbia, to legalize the practice.
The act already includes an exemption that allows religious healthcare groups to opt out of prescribing or administering life-ending drugs. Religious facilities and their affiliates also can prohibit the practice from occurring inside their institutions, can restrict their employees from being involved in the process and can sanction any employees who participate.
Plaintiffs: Counsel still required
Catholic health groups said they still would be mandated under the law to counsel patients on all of their end-of-life options while helping them work through the qualification process and how to obtain the drugs.
Violations of the law are punishable by up to $2,000 per violation, the risk of license revocation or up to 1 year in prison.
"These ministries have dedicated their lives to serving those in the most need of healing and compassion, especially at the end of their lives," said Adèle Keim, an attorney for the plaintiffs. "Assisted suicide is completely incompatible with the compassionate care that the Sisters and ArchCare offer. We are urging the court to protect these Catholic ministries as they continue their life-saving work, rather than forcing them to help end lives like New York wants."
But Kevin Díaz, president and CEO of Compassion & Choices, one of the primary advocates of the new law, said end-of-life decisions belong only to the patient.
"This lawsuit is about whether a healthcare institution can control what a dying person is allowed to know; whether a doctor can speak honestly and whether a patient can reach lawful care in time," Díaz said in a statement. "New York's law already protects providers and facilities that do not want to prescribe medical aid in dying medication. Those protections should not become permission to control your death, silence your doctor or make delaying care the reason your legal choice disappears."
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