S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8841
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 9, 2025
                                ___________
 
 Introduced  by  M. of A. GONZALEZ-ROJAS -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law and  the  state  finance  law,  in
   relation to the gender affirming care program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Legislative intent and findings. A  gender  affirming  care
 fund  shall  be  maintained  and  distributed  through the department of
 health.  Funds shall be distributed to health care providers and  organ-
 izations  who provide gender affirming care to gender expansive individ-
 uals with and without a diagnosis of gender dysphoria or with or without
 the distinguishment of the treatment to be medically necessary. The fund
 shall also be distributed to organizations who have received  or  previ-
 ously received federal funding and no longer receive such funding due to
 the continuation of providing gender affirming care.
   §  2.  Title  2-F  of article 2 of the public health law is amended by
 adding a new section 244-a to read as follows:
   § 244-A. GENDER AFFIRMING CARE PROGRAM. 1. AS USED  IN  THIS  SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "GENDER  EXPANSIVE"  SHALL MEAN A TRANSGENDER, NON-BINARY, GENDER
 NON-CONFORMING, OR INTERSEX INDIVIDUALS, HAVING  A  GENDER  IDENTITY  OR
 EXPRESSION THAT IS DIFFERENT FROM THE SEX ASSIGNED TO THEM AT BIRTH.
   (B)  "MEDICALLY NECESSARY" SHALL MEAN HEALTH CARE SERVICES OR PRODUCTS
 THAT A PRUDENT PHYSICIAN WOULD PROVIDE  TO  A  PATIENT  FOR  PREVENTING,
 DIAGNOSING,  OR TREATING AN ILLNESS, INJURY, DISEASE, OR ITS SYMPTOMS IN
 A MANNER THAT IS BY GENERALLY ACCEPTED STANDARDS OF MEDICAL PRACTICE.
   (C) "GENDER AFFIRMING CARE" SHALL MEAN ANY SINGLE OR COMBINATION OF  A
 NUMBER  OF  SOCIAL,  PSYCHOLOGICAL,  BEHAVIORAL,  OR  MEDICAL (INCLUDING
 HORMONE TREATMENT AND/OR SURGERY) INTERVENTIONS DESIGNED TO SUPPORT  AND
 AFFIRM AN INDIVIDUAL'S GENDER IDENTITY. SUCH TREATMENTS SHALL INCLUDE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11750-02-5
 A. 8841                             2
              

 
   (I)  HORMONE  THERAPY, HORMONE ANTAGONISTS, MENSTRUAL SUPPRESSION, AND
 PUBERTAL SUPPRESSION THERAPY;
   (II)  SURGICAL  PROCEDURES  AND  REVISIONS TO PRIOR SURGERY, INCLUDING
 REVERSING PRIOR SURGERIES;
   (III) CARE THAT SUPPORTS SURGICAL RECOVERY, INCLUDING  RESTORATION  OF
 FUNCTION, SUCH AS
   (A)  NON-SURGICAL  PROCEDURES,  SUCH AS LASER TREATMENT FOR SCARS FROM
 SURGERY AND MEDICAL TATTOOING TO RESTORE FUNCTION; AND
   (B) PRE- AND POST- OPERATIVE PHYSICAL AND OCCUPATIONAL THERAPIES, SUCH
 AS PELVIC FLOOR THERAPY AND HAND THERAPY;
   (IV) HAIR REMOVAL OR RESTORATION;
   (V) FERTILITY PRESERVATION PROCEDURES;
   (VI) DURABLE MEDICAL  EQUIPMENT  AND  SUPPLIES,  SUCH  AS  COMPRESSION
 GARMENTS,  SHAPEWEAR, PROSTHETICS, AND POST-OPERATIVE SURGICAL DRESSINGS
 AND DEVICES;
   (VII) MENTAL HEALTH CARE, INCLUDING ASSESSMENT, SUPPORT  LETTERS,  AND
 ON-GOING COUNSELING;
   (VIII) 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-
 GIST, OTOLARYNGOLOGISTS, AND OTHER ALLIED VOICE PROFESSIONALS; AND
   (IX)  ANY OTHER CARE TREATMENTS, SURGERIES, SERVICES, OR PROCEDURES TO
 SUPPORT AN INDIVIDUAL'S GENDER AFFIRMING CARE.
   (D) "FUND" SHALL MEAN THE GENDER AFFIRMING CARE  FUND  ESTABLISHED  BY
 SECTION NINETY-FIVE-L OF THE STATE FINANCE LAW.
   2.  THE  COMMISSIONER SHALL ESTABLISH A GENDER AFFIRMING CARE PROGRAM.
 THE COMMISSIONER SHALL CONSULT A RANGE OF  EXPERTS  INCLUDING,  BUT  NOT
 LIMITED  TO  INDIVIDUALS  AND  ENTITIES PROVIDING GENDER AFFIRMING CARE,
 GENDER AFFIRMING FUNDS AND  OTHER  ORGANIZATIONS  WHOSE  MISSION  IS  TO
 EXPAND  ACCESS  TO GENDER AFFIRMING CARE, TO ENSURE THE GENDER AFFIRMING
 CARE PROGRAM STRUCTURE AND EXPENDITURES  REFLECT  THE  NEEDS  OF  GENDER
 AFFIRMING CARE PROVIDERS, GENDER AFFIRMING CARE FUNDS AND CONSUMERS.
   3.  THE  COMMISSIONER SHALL DISTRIBUTE FUNDS FROM THE GENDER AFFIRMING
 CARE FUND ESTABLISHED IN SECTION NINETY-FIVE-L OF THE STATE FINANCE  LAW
 THROUGH  GRANTS AWARDED PURSUANT TO THIS SECTION. IN DETERMINING FUNDING
 FOR APPLICANTS UNDER THE GRANT PROGRAM, THE COMMISSIONER SHALL  CONSIDER
 THE FOLLOWING CRITERIA AND GOALS:
   (A)  INCREASING  ACCESS  TO  CARE  BY  GROWING  THE CAPACITY OF GENDER
 AFFIRMING CARE PROVIDERS TO MEET PRESENT AND FUTURE  CARE  NEEDS.  FUNDS
 MAY  BE AWARDED TO SUPPORT THE RECRUITMENT AND RETENTION OF STAFF, STAFF
 TRAINING, THE ESTABLISHMENT OF NEW  OR  RENOVATION  OF  EXISTING  HEALTH
 CENTERS, INVESTMENTS IN TECHNOLOGY TO FACILITATE CARE, SECURITY ENHANCE-
 MENTS,  AND  OTHER  OPERATIONAL OR CAPITAL NEEDS THAT INCREASE ACCESS TO
 GENDER AFFIRMING CARE.
   (B) FUNDING UNCOMPENSATED HEALTH CARE SERVICES ASSOCIATED WITH  GENDER
 AFFIRMING  CARE,  TO  ENSURE THE AFFORDABILITY OF AND ACCESS TO CARE FOR
 INDIVIDUALS WHO LACK ABILITY TO PAY FOR CARE, FOR INDIVIDUALS  WHO  LACK
 INSURANCE COVERAGE, ARE UNDERINSURED, OR WHOSE INSURANCE IS DEEMED UNUS-
 ABLE BY THE RENDERING PROVIDER.
   (C) ADDRESSING PRACTICAL SUPPORT NEEDS OF INDIVIDUALS ACCESSING GENDER
 AFFIRMING CARE FOR INDIVIDUALS WHO LACK ABILITY TO PAY FOR SUCH SUPPORT.
   4. FUNDS MAY ONLY BE AWARDED FOR TREATMENT OR CARE TAKING PLACE IN NEW
 YORK STATE.
   5.  THE  COMMISSIONER  SHALL  NOT  REQUEST,  OR OTHERWISE REQUIRE, ANY
 GENDER AFFIRMING CARE  PROVIDER  OR  NON-PROFIT  ORGANIZATION  RECEIVING
 MONEYS  FROM  THE  PROGRAM  TO  DIVULGE  THE  NAME, ADDRESS, PHOTOGRAPH,
 A. 8841                             3
 
 LICENSE NUMBER, EMAIL ADDRESS, PHONE NUMBER,  OR  ANY  OTHER  INDIVIDUAL
 IDENTIFYING  INFORMATION  OF  ANY  PATIENT,  OR INDIVIDUAL WHO SOUGHT OR
 RECEIVED HEALTH CARE SERVICES OR PRACTICAL SUPPORT FROM A GENDER AFFIRM-
 ING CARE PROVIDER OR ORGANIZATION UNDER THE PROGRAM.
   6.  ANY  NON-PROFIT  ORGANIZATION  OR  GENDER  AFFIRMING CARE PROVIDER
 RECEIVING FUNDS FROM THE PROGRAM  SHALL  TAKE  ALL  NECESSARY  STEPS  TO
 ENSURE  THE CONFIDENTIALITY OF THE INDIVIDUALS RECEIVING SERVICES PURSU-
 ANT TO THE STATE AND FEDERAL LAWS.
   § 3. The state finance law is amended by adding a new section 95-l  to
 read as follows:
   §  95-L. GENDER AFFIRMING CARE FUND. 1. THERE IS HEREBY ESTABLISHED IN
 THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
 TION AND FINANCE A FUND TO BE KNOWN AS THE "GENDER AFFIRMING CARE FUND".
   2. MONEYS IN THE FUND SHALL BE  USED  TO  PROVIDE  SUPPORT  TO  GENDER
 AFFIRMING CARE PROVIDERS AND NON-PROFIT ORGANIZATIONS TO INCREASE ACCESS
 TO CARE, FUND UNCOMPENSATED CARE, AND ADDRESS THE SUPPORT NEEDS OF INDI-
 VIDUALS  ACCESSING  GENDER AFFIRMING CARE, PURSUANT TO THE PROVISIONS OF
 SECTION TWO HUNDRED FORTY-FOUR-A OF THE PUBLIC HEALTH LAW.
   3. THE FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE  PURPOSES
 OF SUCH FUND AND ALL MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERE-
 TO  FROM  ANY  OTHER FUND OR SOURCE PURSUANT TO LAW. THE MONEYS SHALL BE
 PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT  OF  THE  COMPTROLLER  ON
 VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER OF HEALTH.  INTEREST
 RECEIVED  BY  THE  COMPTROLLER  ON MONEY ON DEPOSIT IN THE FUND SHALL BE
 RETAINED IN AND BECOME PART OF SUCH FUND.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.