Medical Aid in Dying

Sean Curran and advocacy groups including Delaware ADAPT and Not Dead Yet filed the federal complaint Dec. 8. The groups and Curran are looking to stop the law from taking effect Jan. 1.

DELAWARE - Six disability rights groups and a man are suing to block Delaware’s new medical aid in dying bill, arguing it lacks proper safeguards.

Sean Curran and advocacy groups including Delaware ADAPT and Not Dead Yet filed the federal complaint Dec. 8. The groups and Curran are looking to stop the law from taking effect Jan. 1. It was on May 20 that Governor Matt Meyer signed House Bill 140 into law.

The law allows eligible individuals to request and self-administer medication to end their lives. The process requires confirmation of the terminal diagnosis and decision-making capacity by both an attending physician or advanced practice registered nurse and a consulting physician or APRN.

The lawsuit says that in a 2019 letter to the U.S. Department of Health and Human Services, the National Council on Disability described this situation as “a double standard in suicide prevention efforts” given that people with life-threatening disabilities “are not referred for mental health treatment when seeking assisted suicide, while people without disabilities receive such referrals.”

They say the law violates the Americans with Disabilities Act and the Affordable Care Act. The lawsuit lists concerns including a lack of a required mental health screening, a waiting period of "only" 15 days and more.

CoastTV has reached out to Governor Meyer's team for his comment, but his team says he is not able to comment on pending litigation.

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Torie joined CoastTV's team in September of 2021. She graduated from the University of Delaware in May of 2021 with a Bachelor of Arts in Media Communications and a minor in Journalism. Before working at CoastTV, Torie interned with Delaware Today and Delaware State News. She also freelanced with Delaware State News following her internship.

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