Assembly Bill A4730

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4730
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2025
                                ___________
 
 Introduced  by  M. of A. GONZALEZ-ROJAS, SEAWRIGHT, SIMONE, RAGA -- read
   once and referred to the Committee on Governmental Operations
 
 AN ACT to amend the state finance law, in relation to  participation  in
   state contracts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The state finance law is amended by adding  a  new  section
 139-m to read as follows:
   §  139-M.  PARTICIPATION  IN  CONTRACT  PROHIBITED;  HEALTH INSURANCE;
 TRANSGENDER STATUS. 1. A CLAUSE SHALL BE INSERTED IN ALL  SPECIFICATIONS
 OR  CONTRACTS  HEREAFTER  MADE  OR  AWARDED  BY  THE STATE OR ANY PUBLIC
 DEPARTMENT, AGENCY OR OFFICIAL THEREOF, FOR WORK OR  SERVICES  PERFORMED
 OR  TO  BE PERFORMED, FOR GOODS SOLD OR TO BE SOLD PURSUANT TO WHICH ANY
 CONTRACTOR, TO WHOM ANY CONTRACT  SHALL  BE  LET,  GRANTED  OR  AWARDED,
 AGREES,  AS  A  MATERIAL  CONDITION  OF  THE CONTRACT, THAT NEITHER SUCH
 CONTRACTOR NOR ANY SUBSTANTIALLY OWNED OR AFFILIATED PERSON, FIRM, PART-
 NERSHIP OR CORPORATION HAS PARTICIPATED OR  IS  PARTICIPATING  OR  SHALL
 PARTICIPATE  IN  A HEALTH PLAN OFFERED WHICH DOES NOT COVER SERVICES FOR
 TRANSGENDER, NON-BINARY, AND GENDER EXPANSIVE PEOPLE, INCLUDING BUT  NOT
 LIMITED  TO  HORMONE  REPLACEMENT THERAPY, GENDER-AFFIRMING SURGERY, AND
 TREATMENT  TYPICALLY  ASSOCIATED  WITH  ONE  PARTICULAR  GENDER.    SUCH
 CONTRACT  SHALL  ALSO  PROVIDE  THAT  NEITHER  SUCH  CONTRACTOR  NOR ANY
 SUBSTANTIALLY OWNED OR AFFILIATED PERSON, FIRM,  PARTNERSHIP  OR  CORPO-
 RATION  SHALL  LIMIT HEALTH CARE SERVICES, INCLUDING, BUT NOT LIMITED TO
 ROUTINE, PREVENTATIVE, MENTAL HEALTH SERVICES, OR PROCEDURES,  BASED  ON
 SEX, GENDER, GENDER IDENTITY, OR DOCUMENTED GENDER.
   2.  FOR  THE PURPOSES OF THIS SECTION, "SERVICES FOR TRANSGENDER, NON-
 BINARY, AND GENDER  EXPANSIVE  PEOPLE"  SHALL  INCLUDE  GENDER-AFFIRMING
 HEALTH CARE SERVICES, TREATMENT FOR GENDER DYSPHORIA OR GENDER INCONGRU-
 ENCE AND SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO MEDICALLY NECESSARY:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08919-01-5
 A. 4730                             2
              

 
   (A)  HORMONE  THERAPY, HORMONE ANTAGONISTS, MENSTRUAL SUPPRESSION, AND
 PUBERTAL SUPPRESSION THERAPY;
   (B)  SURGICAL  PROCEDURES  AND  REVISIONS  TO PRIOR SURGERY, INCLUDING
 REVERSING PRIOR SURGERIES;
   (C) CARE THAT SUPPORTS SURGICAL  RECOVERY,  INCLUDING  RESTORATION  OF
 FUNCTION, SUCH AS:
   (I)  NON-SURGICAL  PROCEDURES,  SUCH AS LASER TREATMENT FOR SCARS FROM
 SURGERY AND MEDICAL TATTOOING TO RESTORE FUNCTION; AND
   (II) PRE- AND POST-OPERATIVE PHYSICAL AND OCCUPATIONAL THERAPIES, SUCH
 AS PELVIC FLOOR THERAPY AND HAND THERAPY;
   (D) HAIR REMOVAL OR RESTORATION;
   (E) FERTILITY PRESERVATION PROCEDURES;
   (F) DURABLE  MEDICAL  EQUIPMENT  AND  SUPPLIES,  SUCH  AS  COMPRESSION
 GARMENTS,  SHAPEWEAR, PROSTHETICS, AND POST-OPERATIVE SURGICAL DRESSINGS
 AND DEVICES;
   (G) MENTAL HEALTH CARE, INCLUDING  ASSESSMENT,  SUPPORT  LETTERS,  AND
 ONGOING COUNSELING;
   (H)  VOICE  CARE,  INCLUDING THE ASSESSMENT AND TREATMENT OF THE VOICE
 AND RELATED CONDITIONS, INCLUDING  THE  ADDITIONAL  DOMAINS  OF  SPEECH,
 LANGUAGE,  AND COMMUNICATION UNDER THE SCOPE OF SPEECH-LANGUAGE PATHOLO-
 GISTS, OTOLARYNGOLOGISTS, AND OTHER ALLIED VOICE PROFESSIONALS; AND
   (I) ANY OTHER CARE, TREATMENTS,  SURGERIES,  SERVICES,  OR  PROCEDURES
 THAT  ARE  DEEMED  MEDICALLY NECESSARY BY A LICENSED HEALTHCARE PROVIDER
 ACTING WITHIN THEIR SCOPE OF PRACTICE.
   3. ANY SUCH CONTRACT SHALL BE RENDERED FORFEIT AND VOID BY  THE  STATE
 COMPTROLLER, IF, SUBSEQUENT TO EXECUTION, SUCH PERSON, FIRM, PARTNERSHIP
 OR CORPORATION HAS BEEN PARTICIPATING IN SUCH HEALTH PLAN WHICH FAILS TO
 PROVIDE  SERVICES  FOR  TRANSGENDER,  NON-BINARY,  AND  GENDER EXPANSIVE
 PEOPLE.
   4. NOTHING CONTAINED IN THIS  SECTION  SHALL  OPERATE  TO  IMPAIR  ANY
 EXISTING CONTRACT, EXCEPT THAT ANY RENEWAL, AMENDMENT OR MODIFICATION OF
 SUCH  CONTRACT  OCCURRING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION
 SHALL BE SUBJECT TO THE CONDITIONS SPECIFIED IN THIS SECTION.
   5. THE COMPTROLLER OF THE STATE SHALL HAVE THE POWER  TO  ISSUE  RULES
 AND REGULATIONS PURSUANT TO THIS SECTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall apply to all contracts entered into, renewed
 or modified on and after the effective date of this act.