In its recent brief to the U.S. Court of Appeals for the Third Circuit the Attorney General of New Jersey argues for the constitutionality of the state residency requirement in the Medical Aid in Dying for the Terminally Ill Act of 2019. But the AG makes some peculiar claims. Let's look at these.
"Without a residency requirement, New Jersey doctors could face an influx of nonresident patients."
Both Oregon and Vermont removed their residency requirements years ago. Yet, there has been no influx. Very few nonresident patients have obtained MAID in Oregon, less than 5% of all MAID patients in 2023 and 2024.
"There is every reason to believe that providers of medical aid in dying to out-of-state patients will be subject to prosecution. outside New Jersey."
While dozens of out-of-state patients have accessed MAID in other states, there has been no criminal prosecution.
"New Jersey doctors could ... face criminal penalties for prescribing end-of-life medications to ... nonresident patients."
Even with a residency requirement, patients from other states have been coming to New Jersey (and other MAID states) for years to access MAID. Some return to their origin state. They simply establish NJ residency before accessing MAID. Any additional risk would be minimal.
The plaintiffs will file their Reply Brief next month. The case (No. 24-2947) will then be set for argument.
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