BILL NUMBER: S6377
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
An act to amend the social services law, in relation to requiring Medi-
caid to cover gender-affirming care regardless of federal funding; and
to amend the executive law, in relation to prohibiting discriminatory
practices by health care entities
 
PURPOSE:
This legislation will ensure Medicaid covers the cost of gender-affirm-
ing care in the absence of federal funding and provides individuals
seeking gender-affirming care with protections against discrimination.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends subdivision 2 of section 365-a of the social services
law by adding a new paragraph (nn).
Section two amends the executive law by adding a new section 296-e.
Section three establishes the effective date.
 
JUSTIFICATION:
Access to gender-affirming care is crucial for the health and well-being
of transgender and gender-nonconforming individuals. However, recent
executive orders by the Trump administration have sought to decimate
access to care by ending federal funding to healthcare facilities that
provide such care to patients 19 years of age and younger.
Gender-affirming care extends far beyond surgery and includes ordinary
care like hormone replacement therapy, mental health counseling and
voice therapy. This type of care has routinely been covered by Medicaid
but is now vulnerable to changes given the new federal administration.
Medical providers have long relied on federal funding to provide care to
the millions of New Yorkers on Medicaid, but threats of losing funding
for providing certain types of care creates a precarious situation where
essential healthcare can be jeopardized by shifting political land-
scapes.
Given that transgender and gender non-conforming people continue to face
discrimination in accessing care based on their gender identity, this
bill will also bar discrimination in healthcare settings on the basis of
a person's status as a member of a protected class. These protections
will ensure no person is denied care based on their gender identity,
sexual orientation, disability or status as a member of any other
protected class.
This legislation is essential to protecting the health, well-being and
civil rights of transgender and gender-nonconforming individuals in New
York State. By addressing gaps in current law and increasing protections
against discrimination, New York State can ensure that all people,
regardless of gender identity or expression, will continue to have
access to the healthcare they need.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
Undetermined.
 
EFFECTIVE DATE:
90 days.

Statutes affected:
S6377: 365-a social services law, 365-a(2) social services law