Requires Medicaid to cover gender-affirming care regardless of federal funding; prohibits discriminatory practices by health care entities and insurers; relates to coverage for treatment for gender dysphoria

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          6596

                               2025-2026 Regular Sessions

                                  I N  A S S E M B L Y

                                      March 6, 2025
                                       ___________

        Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
          Committee on Health

        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

          THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
        BLY, DO ENACT AS FOLLOWS:

     1    Section  1.  Subdivision 2 of section 365-a of the social services law
     2  is amended by adding a new paragraph (nn) to read as follows:
     3    (NN) ALL  MEDICALLY  NECESSARY  GENDER-AFFIRMING  CARE  REGARDLESS  OF
     4  WHETHER ANY FEDERAL FUNDS ARE AVAILABLE FOR SUCH COVERAGE.
     5    §  2.  The  executive  law is amended by adding a new section 296-e to
     6  read as follows:
     7    § 296-E. UNLAWFUL DISCRIMINATORY PRACTICES IN RELATION TO HEALTH CARE.
     8  1. FOR THE PURPOSES OF THIS  SECTION,  THE  TERM  "HEALTH  CARE  ENTITY"
     9  MEANS:
    10    (A)  A HOSPITAL OR PROVIDER AS DEFINED BY SECTION TWENTY-EIGHT HUNDRED
    11  ONE OF THE PUBLIC HEALTH LAW;
    12    (B) A PROFESSIONAL LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE,  ONE
    13  HUNDRED  THIRTY-ONE-B, ONE HUNDRED THIRTY-ONE-C, ONE HUNDRED THIRTY-TWO,
    14  ONE HUNDRED THIRTY-THREE, ONE HUNDRED THIRTY-FOUR, ONE  HUNDRED  THIRTY-
    15  SIX,  ONE  HUNDRED THIRTY-SEVEN, ONE HUNDRED THIRTY-SEVEN-A, ONE HUNDRED
    16  THIRTY-NINE, ONE HUNDRED  FORTY,  ONE  HUNDRED  FORTY-ONE,  ONE  HUNDRED
    17  FORTY-THREE,  ONE  HUNDRED  FORTY-FOUR,  ONE  HUNDRED  FIFTY-THREE,  ONE
    18  HUNDRED FIFTY-SEVEN, ONE HUNDRED SIXTY-THREE, ONE HUNDRED SIXTY-FOUR, OR
    19  ONE HUNDRED SIXTY-SEVEN OF THE EDUCATION LAW; OR
    20    (C) AN ISSUER OR PROVIDER OF COVERAGE FOR HEALTH INSURANCE, AS DEFINED
    21  BY SECTION SEVEN THOUSAND SEVEN HUNDRED FIVE OF THE INSURANCE LAW.
    22    2. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY HEALTH CARE
    23  ENTITY TO REFUSE SERVICES  OR  TO  OTHERWISE  DISCRIMINATE  AGAINST  ANY

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09201-02-5
        A. 6596                             2

     1  PERSON  ON  THE BASIS OF SUCH PERSON'S AGE, RACE, CREED, COLOR, NATIONAL
     2  ORIGIN, CITIZENSHIP OR IMMIGRATION STATUS,  SEXUAL  ORIENTATION,  GENDER
     3  IDENTITY  OR  EXPRESSION, MILITARY STATUS, SEX, DISABILITY, PREDISPOSING
     4  GENETIC CHARACTERISTICS, FAMILIAL STATUS, MARITAL STATUS, OR STATUS AS A
     5  VICTIM OF DOMESTIC VIOLENCE.
     6    § 3. This act shall take effect immediately.