A. 6596--C 2
x-rays; prescription and non-prescription drugs, ostomy and other
medical supplies and durable medical equipment; radiation therapy;
chemotherapy; hemodialysis; outpatient blood clotting factor products
and other treatments and services furnished in connection with the care
of hemophilia and other blood clotting protein deficiencies; emergency
room services; ambulance services; hospice services; emergency, preven-
tive and routine dental care, including orthodontia but excluding
cosmetic surgery; emergency, preventive and routine vision care, includ-
ing eyeglasses; speech and hearing services; inpatient and outpatient
mental health, alcohol and substance abuse services, including children
and family treatment and support services, children's home and community
based services, assertive community treatment services and residential
rehabilitation for youth services which shall be reimbursed in accord-
ance with the ambulatory patient group (APG) rate-setting methodology as
utilized by the department of health, the office of addiction services
and supports, or the office of mental health for rate-setting purposes
or any such other fees established pursuant to article forty-three of
the mental hygiene law; ALL GENDER-AFFIRMING CARE REGARDLESS OF WHETHER
ANY FEDERAL FUNDS ARE AVAILABLE FOR SUCH COVERAGE; and health-related
services provided by voluntary foster care agency health facilities
licensed pursuant to article twenty-nine-I of this chapter; as defined
by the commissioner. "Covered health care services" shall not include
drugs, procedures and supplies for the treatment of erectile dysfunction
when provided to, or prescribed for use by, a person who is required to
register as a sex offender pursuant to article six-C of the correction
law, provided that any denial of coverage of such drugs, procedures or
supplies shall provide the patient with the means of obtaining addi-
tional information concerning both the denial and the means of challeng-
ing such denial.
§ 3. Subdivision 9 of section 292 of the executive law, as amended by
chapter 89 of the laws of 2015, is amended and a new subdivision 43 is
added to read as follows:
9. The term "place of public accommodation, resort or amusement" shall
include, regardless of whether the owner or operator of such place is a
state or local government entity or a private individual or entity,
except as hereinafter specified, all places included in the meaning of
such terms as: inns, taverns, road houses, hotels, motels, whether
conducted for the entertainment of transient guests or for the accommo-
dation of those seeking health, recreation or rest, or restaurants, or
eating houses, or any place where food is sold for consumption on the
premises; buffets, saloons, barrooms, or any store, park or enclosure
where spirituous or malt liquors are sold; ice cream parlors, confec-
tionaries, soda fountains, and all stores where ice cream, ice and fruit
preparations or their derivatives, or where beverages of any kind are
retailed for consumption on the premises; wholesale and retail stores
and establishments dealing with goods or services of any kind, dispen-
saries, clinics, hospitals, HEALTH CARE ENTITIES, bath-houses, swimming
pools, laundries and all other cleaning establishments, barber shops,
beauty parlors, theatres, motion picture houses, airdromes, roof
gardens, music halls, race courses, skating rinks, amusement and recre-
ation parks, trailer camps, resort camps, fairs, bowling alleys, golf
courses, gymnasiums, shooting galleries, billiard and pool parlors;
garages, all public conveyances operated on land or water or in the air,
as well as the stations and terminals thereof; travel or tour advisory
services, agencies or bureaus; public halls, public rooms, public eleva-
tors, and any public areas of any building or structure. Such term shall
A. 6596--C 3
not include kindergartens, primary and secondary schools, high schools,
academies, colleges and universities, extension courses, and all educa-
tional institutions under the supervision of the regents of the state of
New York; any such kindergarten, primary and secondary school, academy,
college, university, professional school, extension course or other
education facility, supported in whole or in part by public funds or by
contributions solicited from the general public; or any institution,
club or place of accommodation which proves that it is in its nature
distinctly private. In no event shall an institution, club or place of
accommodation be considered in its nature distinctly private if it has
more than one hundred members, provides regular meal service and regu-
larly receives payment for dues, fees, use of space, facilities,
services, meals or beverages directly or indirectly from or on behalf of
a nonmember for the furtherance of trade or business. An institution,
club, or place of accommodation which is not deemed distinctly private
pursuant to this subdivision may nevertheless apply such selective
criteria as it chooses in the use of its facilities, in evaluating
applicants for membership and in the conduct of its activities, so long
as such selective criteria do not constitute discriminatory practices
under this article or any other provision of law. For the purposes of
this section, a corporation incorporated under the benevolent orders law
or described in the benevolent orders law but formed under any other law
of this state or a religious corporation incorporated under the educa-
tion law or the religious corporations law shall be deemed to be in its
nature distinctly private.
No institution, club, organization or place of accommodation which
sponsors or conducts any amateur athletic contest or sparring exhibition
and advertises or bills such contest or exhibition as a New York state
championship contest or uses the words "New York state" in its announce-
ments shall be deemed a private exhibition within the meaning of this
section.
43. THE TERM "HEALTH CARE ENTITY" MEANS:
(A) A HOSPITAL OR PROVIDER AS DEFINED BY SECTION TWENTY-EIGHT HUNDRED
ONE OF THE PUBLIC HEALTH LAW; OR
(B) A PROFESSIONAL LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE, ONE
HUNDRED THIRTY-ONE-B, ONE HUNDRED THIRTY-ONE-C, ONE HUNDRED THIRTY-TWO,
ONE HUNDRED THIRTY-THREE, ONE HUNDRED THIRTY-FOUR, ONE HUNDRED THIRTY-
SIX, ONE HUNDRED THIRTY-SEVEN, ONE HUNDRED THIRTY-SEVEN-A, ONE HUNDRED
THIRTY-NINE, ONE HUNDRED FORTY, ONE HUNDRED FORTY-ONE, ONE HUNDRED
FORTY-THREE, ONE HUNDRED FORTY-FOUR, ONE HUNDRED FIFTY-THREE, ONE
HUNDRED FIFTY-SEVEN, ONE HUNDRED SIXTY-THREE, ONE HUNDRED SIXTY-FOUR, OR
ONE HUNDRED SIXTY-SEVEN OF THE EDUCATION LAW; OR
(C) AN ISSUER OR PROVIDER OF COVERAGE FOR HEALTH INSURANCE, AS DEFINED
BY SECTION SEVEN THOUSAND SEVEN HUNDRED FIVE OF THE INSURANCE LAW.
§ 4. Paragraph (a) of subdivision 2 of section 296 of the executive
law, as separately amended by chapters 202 and 748 of the laws of 2022,
is amended to read as follows:
(a) It shall be an unlawful discriminatory practice for any person,
being the owner, lessee, proprietor, manager, superintendent, agent or
employee of any place of public accommodation, resort or amusement,
because of the race, creed, color, national origin, citizenship or immi-
gration status, sexual orientation, gender identity or expression, mili-
tary status, sex, disability, PREDISPOSING GENETIC CHARACTERISTICS,
FAMILIAL STATUS, marital status, or status as a victim of domestic
violence, of any person, directly or indirectly, to refuse, withhold
from or deny to such person any of the accommodations, advantages,
A. 6596--C 4
facilities or privileges thereof, including the extension of credit, or,
directly or indirectly, to publish, circulate, issue, display, post or
mail any written or printed communication, notice or advertisement, to
the effect that any of the accommodations, advantages, facilities and
privileges of any such place shall be refused, withheld from or denied
to any person on account of race, creed, color, national origin, citi-
zenship or immigration status, sexual orientation, gender identity or
expression, military status, sex, disability [or], PREDISPOSING GENETIC
CHARACTERISTICS, FAMILIAL STATUS, marital status, or that the patronage
or custom thereat of any person of or purporting to be of any particular
race, creed, color, national origin, citizenship or immigration status,
sexual orientation, gender identity or expression, military status, sex
or marital status, or having a disability is unwelcome, objectionable or
not acceptable, desired or solicited.
§ 5. The section heading and the opening paragraph and paragraph 4 of
subsection (a) of section 3243 of the insurance law, as added by section
2 of subpart D of part J of chapter 57 of the laws of 2019, are amended
and a new subsection (c) is added to read as follows:
Discrimination [because of sex or marital status] in hospital, surgi-
cal or medical expense insurance.
With regard to an accident and health insurance policy that provides
hospital, surgical, or medical expense coverage or a policy of student
accident and health insurance, as defined in subsection (a) of section
three thousand two hundred forty of this article, delivered or issued
for delivery in this state, no insurer shall because of [sex, marital
status] AGE, RACE, CREED, COLOR, NATIONAL ORIGIN, CITIZENSHIP OR IMMI-
GRATION STATUS, SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION,
MILITARY STATUS, SEX, DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS,
FAMILIAL STATUS, MARITAL STATUS, OR STATUS AS A VICTIM OF DOMESTIC
VIOLENCE, PRE-EXISTING CONDITION, or based on pregnancy, false pregnan-
cy, termination of pregnancy, or recovery therefrom, childbirth or
related medical conditions:
(4) insert in the policy any condition, or make any stipulation,
whereby the insured binds [his or herself] THEMSELVES, or [his or her]
SUCH INSURED'S heirs, executors, administrators or assigns, to accept
any sum or service less than the full value or amount of such policy in
case of a claim thereon except such conditions and stipulations as are
imposed upon others in similar cases; and any such stipulation or condi-
tion so made or inserted shall be void;
(C) DISCRIMINATION PROHIBITED BY THIS SECTION INCLUDES ANY OF THE
FOLLOWING:
(1) INCLUDING A POLICY CLAUSE THAT PURPORTS TO DENY, LIMIT, OR EXCLUDE
COVERAGE BASED ON AN INSURED'S SEXUAL ORIENTATION, GENDER IDENTITY OR
EXPRESSION, OR TRANSGENDER STATUS;
(2) DENYING, LIMITING, OR OTHERWISE EXCLUDING MEDICALLY NECESSARY
SERVICES OR TREATMENT OTHERWISE COVERED BY A POLICY ON THE BASIS THAT
THE TREATMENT IS FOR GENDER DYSPHORIA OR GENDER INCONGRUENCE; PROVIDED
FURTHER THAT AN INSURER SHALL PROVIDE AN INSURED WITH THE UTILIZATION
REVIEW APPEAL RIGHTS REQUIRED BY INSURANCE LAW AND PUBLIC HEALTH LAW
ARTICLES FORTY-NINE FOR GENDER DYSPHORIA OR GENDER INCONGRUENCE TREAT-
MENT THAT IS DENIED BASED ON MEDICAL NECESSITY;
(3) DESIGNATING AN INSURED'S SEXUAL ORIENTATION, GENDER IDENTITY OR
EXPRESSION, OR TRANSGENDER STATUS AS A PRE-EXISTING CONDITION FOR THE
PURPOSE OF DENYING, LIMITING, OR EXCLUDING COVERAGE; OR
(4) DENYING A CLAIM FROM AN INSURED OF ONE GENDER OR SEX FOR A SERVICE
THAT IS TYPICALLY OR EXCLUSIVELY PROVIDED TO AN INDIVIDUAL OF ANOTHER
A. 6596--C 5
GENDER OR SEX UNLESS THE INSURER HAS TAKEN REASONABLE STEPS, INCLUDING
REQUESTING ADDITIONAL INFORMATION, TO DETERMINE WHETHER THE INSURED IS
ELIGIBLE FOR THE SERVICES PRIOR TO DENIAL OF SUCH CLAIM.
§ 6. Section 4303 of the insurance law is amended by adding a new
subsection (yy) to read as follows:
(YY) (1) EVERY POLICY WHICH PROVIDES HOSPITAL, SURGICAL, OR MEDICAL
COVERAGE SHALL PROVIDE MEDICALLY NECESSARY SERVICES OR TREATMENT OTHER-
WISE COVERED BY A POLICY ON THE BASIS THAT THE TREATMENT IS FOR GENDER
DYSPHORIA OR GENDER INCONGRUENCE.
(2) COVERAGE FOR GENDER DYSPHORIA OR GENDER INCONGRUENCE SHALL NOT BE
SUBJECT TO ANNUAL DEDUCTIBLES OR COINSURANCE, INCLUDING CO-PAYMENTS,
UNLESS THE POLICY IS A HIGH DEDUCTIBLE HEALTH PLAN AS DEFINED IN SECTION
223(C)(2) OF THE INTERNAL REVENUE CODE OF 1986, IN WHICH CASE COVERAGE
FOR GENDER DYSPHORIA OR GENDER INCONGRUENCE MAY BE SUBJECT TO THE PLAN'S
ANNUAL DEDUCTIBLE.
§ 7. Subsection (k) of section 3221 of the insurance law is amended by
adding a new paragraph 24 to read as follows:
(24) (A) EVERY POLICY WHICH PROVIDES HOSPITAL, SURGICAL, OR MEDICAL
COVERAGE SHALL ALSO PROVIDE COVERAGE FOR MEDICALLY NECESSARY SERVICES OR
TREATMENTS FOR GENDER DYSPHORIA OR GENDER INCONGRUENCE THAT ARE OTHER-
WISE COVERED BY THE POLICY.
(B) COVERAGE FOR THE TREATMENT OF GENDER DYSPHORIA OR GENDER INCONGRU-
ENCE SHALL NOT BE SUBJECT TO ANNUAL DEDUCTIBLES OR COINSURANCE, INCLUD-
ING CO-PAYMENTS, UNLESS THE POLICY IS A HIGH DEDUCTIBLE HEALTH PLAN AS
DEFINED IN SECTION 223(C)(2) OF THE INTERNAL REVENUE CODE OF 1986, IN
WHICH CASE COVERAGE FOR GENDER DYSPHORIA OR GENDER INCONGRUENCE MAY BE
SUBJECT TO THE PLAN'S ANNUAL DEDUCTIBLE.
§ 8. Subsection (i) of section 3216 of the insurance law is amended by
adding a new paragraph 42 to read as follows:
(42) (A) EVERY POLICY WHICH PROVIDES HOSPITAL, SURGICAL, OR MEDICAL
COVERAGE SHALL ALSO PROVIDE COVERAGE FOR MEDICALLY NECESSARY SERVICES OR
TREATMENTS FOR GENDER DYSPHORIA OR GENDER INCONGRUENCE THAT ARE OTHER-
WISE COVERED BY THE POLICY.
(B) COVERAGE FOR GENDER DYSPHORIA OR GENDER INCONGRUENCE SHALL NOT BE
SUBJECT TO ANNUAL DEDUCTIBLES OR COINSURANCE, INCLUDING CO-PAYMENTS,
UNLESS THE POLICY IS A HIGH DEDUCTIBLE HEALTH PLAN AS DEFINED IN SECTION
223(C)(2) OF THE INTERNAL REVENUE CODE OF 1986, IN WHICH CASE COVERAGE
FOR GENDER DYSPHORIA OR GENDER INCONGRUENCE MAY BE SUBJECT TO THE PLAN'S
ANNUAL DEDUCTIBLE.
§ 9. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of all further judicial review, the
judgment shall not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
§ 10. This act shall take effect immediately.