Illinois medical aid-in-dying law to take effect in 2026: 6 notes

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Illinois Gov. JB Pritzker on Dec. 12 signed the Medical Aid in Dying Bill, a law that establishes eligibility criteria, physician responsibilities and participation protections for medical aid in dying. 

Here are six things to know:

  1. The law takes effect Sept. 12, giving healthcare providers and the Illinois Department of Public Health time to implement required processes and safeguards, according to a news release from the governor’s office. 
  1. Patients must be 18 or older and have a terminal illness expected to result in death within six months, as determined by two physicians. 
  1. Patients must have mental capacity to make medical decisions, be informed of all end-of-life care options and submit both written and oral requests. Requests cannot be made by a surrogate or healthcare proxy. 
  1. Two physicians must concur on the diagnosis and prognosis, and attending physicians must provide an in-person examination and informed consent. Patients may be referred to a licensed mental health professional if capacity is in question. 
  1. Physicians must submit required information to the health department within 60 days after a patient’s death. Coercion or forging a request is a felony under the law. 
  1. Physicians, pharmacists and healthcare organizations are not required to participate. Insurance plans, including Medicaid, cannot deny or alter benefits based on a patient’s request, though coverage is not mandated. 
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