In Anticipation of Potential Rollback of Key 'Affordable Care Act' Provision, State Agencies Will Issue Regulations Prohibiting Health Care Providers and Insurers from Discriminating Against Transgender Patients
Builds on Governor Cuomo's First-In-The-Nation Issuance of Regulations Prohibiting Harassment and Discrimination on the Basis of Gender Identity
Governor Andrew M. Cuomo today announced a series of aggressive actions to counter the Trump Administration's expected efforts to legalize discrimination against transgender individuals seeking access to health care. In anticipation of the federal government's rollback of a key provision of the Affordable Care Act, the Governor has directed the New York State Department of Health to issue regulations prohibiting health care providers from discriminating against transgender patients. The Governor also directed the New York State Department of Financial Services to issue regulations expanding the scope of anti-discrimination protections for transgender individuals when it comes to accessing health insurance, and to issue a circular letter reminding industry participants that discrimination on the basis of gender identity is already prohibited in New York in certain policies.
"New York was founded upon the principles of fairness and equality and we won't stand idly by while Washington seeks to claw back hard-earned rights and protections," Governor Cuomo said. "For every step the Trump Administration takes backwards, New York will take two steps forward, and these regulations will guarantee and expand protections for transgender New Yorkers to help ensure every resident has equal access to health care."
The Trump administration has proposed repealing a federal regulation that clarifies that the Affordable Care Act's non-discrimination protections based on sex include protections based on gender identity. Removing these protections would expose approximately 90,300 transgender New Yorkers to unfair, blatant and unlawful discrimination.
As a result, the Governor has directed the State Department of Health to issue a regulation requiring all hospitals in the state to update their statements of patient rights to prohibit discrimination against transgender patients. The current regulations do not include such a requirement. In 2016, the New York State Division of Human Rights adopted regulations clarifying that the Human Rights Law protects transgender New Yorkers from discrimination because sex discrimination includes gender identity discrimination. Today's DOH regulation builds on and strengthens DHR's previous actions to now require hospitals to affirmatively inform patients of their rights.
Click here to see DOH's proposed regulation.
In addition, the Governor has directed the State Department of Financial Services to issue new regulations to expand the scope of anti-discrimination protections for transgender individuals seeking access to health insurance beyond the ACA's prior protections. The ACA previously protected transgender individuals from discrimination in individual and small group health insurance policies, but did not provide protection with respect to large group policies. Today, DFS will propose a regulation prohibiting discrimination on the basis of gender identity in the administration of large group policies.
DFS is also issuing a circular letter reminding industry participants that discrimination on the basis of gender identity is already prohibited in New York in individual and small group policies. DFS issued regulations in 2017 ensuring that the full scope of the ACA's anti-discrimination protections would be preserved and protected in New York, regardless of future actions taken by the Federal administration in Washington.
Finally, the Division of Human Rights today is issuing a public fact sheet reminding New Yorkers that the New York State Human Rights Law specifically applies to hospitals and prohibits discrimination on the basis of gender identity. DHR administers and enforces the Human Rights Law, and any individuals who believe they have been discriminated against are encouraged to contact the using DHR contact information listed below.
Click here to see DHR fact sheet.
New York was founded upon the principles of fairness and equality and we won't stand idly by while Washington seeks to claw back hard-earned rights and protections.
Unlawful discrimination on the grounds of gender identity by a hospital may include:
- Denying equal access to a hospital based on someone's gender identity;
- Indicating that transgender people are unwelcome at a facility;
- Refusing to use a person's preferred name or preferred pronouns;
- Denying the use of rest rooms or other facilities consistent with a person's gender identity;
- Harassing, bullying or mocking a person because of gender identity; or
- Refusing to treat a transgender person because that person has complained about discrimination.
Department of Health Commissioner Howard Zucker said, "There is no place in the health care delivery system for discrimination of any kind. New York State stands with transgender people and in opposition to any action to limit their rights to high-quality medical care."
Financial Services Superintendent Maria T. Vullo said, "No one should be discriminated against and denied health insurance coverage because of their gender identity. With these new measures, Governor Cuomo and DFS are once again demonstrating this state's commitment to ensuring all New Yorkers, regardless of gender identity, get the health insurance coverage they need."
Division of Human Rights Commissioner Helen Diane Foster said, "Transgender New Yorkers deserve the same level of medical care as anyone else. Hospitals and medical workers who deny them that access or otherwise harass or discriminate against them will be prosecuted under the Human Rights Law."
Senator Neil Breslin, Ranking Member of the Senate Insurance Committee said, “It is of the utmost importance that all New Yorkers have access to health services and resources. To ensure the next generation of leaders thrives in this great state, Governor Cuomo is taking necessary action that does not discriminate, but delivers health care to all. I commend the actions taken today, as they will lay the foundation for a better tomorrow."
Assembly Health Committee Chair Richard N. Gottfried said, “New York welcomes and embraces everyone – regardless of age, financial situation or gender identity, and today’s actions uphold these values. As the federal government threatens a direct attack on New York communities, I stand by Governor Cuomo in his efforts to ensure health care is afforded to all of our residents. Every New Yorker should have health insurance.”
Assembly Insurance Committee Chair Kevin A. Cahill said, “I applaud the Governor for directing state agencies to advance regulations that will protect the right to health care for all of our residents. New York does not discriminate, and by deterring bias business practices, we will hold our insurance companies accountable while delivering services and resources New Yorkers need to lead a quality life in the Empire State.”
New York City Lesbian, Gay, Bisexual & Transgender Community Center Executive Director Glennda Testone said, "I applaud the Governor's efforts to counter damaging actions the federal government has threatened to make against our community. Under his leadership, New Yorkers will not be stripped of their health care rights and will have access to the resources and assistance needed to lead quality lives in the greatest state there is. I am proud of how far New York has come, and these actions today build on the history this state has already made in ensuring equality for all."
New York Civil Liberties Union Executive Director Donna Lieberman said, "These measures are an important step to ensure that all New Yorkers can access the health care they need, regardless of gender identity. As the Trump administration continues its attack on the dignity and health of trans people, New York is once again stepping up, as it must, to protect all New Yorkers."
New York Transgender Advocacy Group Executive Director Kiara St. James said, "In New York, we are lucky to have a tireless leader that has fought for the rights of every single resident in this state, and this latest action ensures that basic and critical health care services will be provided to everyone, regardless of gender identity. I commend Governor Cuomo for proposing regulations that will deter intolerable and discriminatory business practices by insurance companies in the Empire State, and secure New York's place as a beacon of hope and acceptance for all."
Destination Tomorrow Executive Director Sean Coleman said, "The harmful rhetoric and heartless actions coming from Washington are anti-New York and anti-American. In New York, Governor Cuomo has shown time and time again that this state will not stand for judgment or bias of any kind, and will continue to be a voice of reason to ensure fairness and justice for all. The actions taken by the Governor today will ensure health services are available to all - no matter what this federal government attempts to do, and help build a better, more united community for generations to come."
Any New Yorker who believes they have been discriminated against because of their gender identity can file a complaint with the New York State Division of Human Rights. A complaint must be filed with the Division within one year of the alleged discriminatory act. To file a complaint:
- Visit the Division's website, at www.dhr.ny.gov, and download a complaint form. Completed complaints should be signed before a notary public, and returned to the Division, by email, fax, mail or in person. Stop by a Division office in person.
- Contact one of the Division's offices, by telephone or by mail, to obtain a complaint form and/or other assistance in filing a complaint.