Senate Bill S9275

2025-2026 Legislative Session

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

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Current Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 17, 2026	reported and committed to finance
Feb 23, 2026	referred to health

Votes

- Mar 17, 2026 - Health Committee Vote
  S9275
  
  Aye
  
  8
  
  Nay
  
  5
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Health Committee Vote: Mar 17, 2026
      
      aye (8)
      
      Gonzalez
      
      Jackson
      
      May
      
      Myrie
      
      Parker
      
      Rivera
      
      Ryan
      
      Webb
      
      nay (5)
      
      Ashby
      
      Gallivan
      
      Rhoads
      
      Stec
      
      Sutton
      
      aye wr (1)
      
      Martins
      
      excused (1)
      
      Brouk

co-Sponsors

2025-S9275 (ACTIVE) - Details

See Assembly Version of this Bill:: A6596
Current Committee:: Senate Finance
Law Section:: Social Services Law
Laws Affected:: Amd §365-a, Soc Serv L; amd §292, Exec L; amd §§3243, 4303, 3221 & 3216, Ins L

2025-S9275 (ACTIVE) - Summary

Requires Medicaid to cover gender-affirming care regardless of federal funding; prohibits discriminatory practices by health care entities including hospitals, certain professionals, and insurers; requires insurance coverage for services or treatments for gender dysphoria or gender incongruence.

2025-S9275 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9275

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the social services law, in relation to requiring Medi-
caid to cover gender-affirming care regardless of federal funding; to
amend the executive law, in relation to prohibiting discriminatory prac-
tices by health care entities; and to amend the insurance law, in
relation to prohibiting discriminatory practices by insurers and to
coverage for treatment for gender dysphoria or gender incongruence

 
PURPOSE OR GENERAL IDEA OF BILL:

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

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends subdivision 2 of section 365-a of the social services

law, as it relates to what qualifies as standard coverage, by adding a
new paragraph (oo) to include all medically necessary gender-affirming
care regardless of whether any federal funds are available for such
coverage.

Section two amends subdivision 9 of section 292 of the executive law, as
it relates to the definitions within human rights law, to include
"health care entities" in the definition for "place of public accommo-
dation, resort, or amusement." And further defines the term "health care
entity," to include hospitals, certain providers and professionals, and
any state regulated health insurance plan.

Section three amends section heading and the opening paragraph and para-
graphs 4, 7 and 8 of subsection (a) of section 3243 of the insurance
law, as it relates to discrimination because of sex or marital status in
hospital, surgical, or medical expense insurance, to expand protections
to race, national origin, age, or disability, color, creed, and preex-
isting conditions.

Section three also adds four new paragraphs 9, 10, 11, and 12 to
subsection (a) of section 3242 of the insurance law, 9) to include a
policy clause to protect insured's sexual orientation, gender identity
or expression, or transgender status; 10) to protect their right to
medically necessary services or treatment from exclusion; 11) to prohib-
it sexual orientation, gender identity or expression, or transgender
status being deemed as pre-existing conditions for the purpose of deny-
ing, limiting, or excluding of coverage; and 12) to prohibit the denial
of a claim solely based on the gender of the insured unless the insurer
has taken reasonable steps to determine that the insured is ineligible
for the service, prior to denial of such a claim.

Sections four through six amend: sections 4303 of the insurance law by
adding a new subsection (xx); subsection (k) of section 3221of the
insurance law by adding a new paragraph 24; and subsection (i) of
section 3216 of the insurance law by adding_a new paragraph 42. These
amendments would require every policy which provides hospital, surgical,
or medical coverage to provide medically necessary services or treatment
otherwise covered by a policy on the basis that the treatment is for
gender dysphoria or gender incongruence. Coverage for gender dysphoria
or gender incongruence would not be subject to annual deductibles or
coinsurance, including co-payments, unless the policy is a High Deduct-
ible Health Plan, in which case coverage would be subject to the plan's
annual deductible.

Section seven establishes a severability clause.

Section eight establishes the effective date.

 
JUSTIFICATION:

Access to gender-affirming care is a matter of medical necessity and
public health, and it is more critical than ever in light of escalating
federal actions that have actively undermined care for transgender and
gender-nonconforming individuals. Recent federal policies have not only
threatened or withdrawn funding for medically necessary gender-affirming
services, but have also fueled widespread misinformation that distorts
clinical evidence and stigmatizes an already vulnerable population:

These actions have created significant barriers to care, exacerbated
health inequities, and placed transgender and gender-nonconforming indi-
viduals at increased risk for adverse physical and mental health
outcomes, including heightened rates of depression, anxiety, and suici-
dality. Gender-affirming care is supported by major medical and mental
health associations as evidence-based, life-saving treatment.  Denying
or restricting access is not rooted in science, but in ideology, and
directly harms patients.

Gender-affirming care is not limited to transgender and gender-noncon-
forming individuals, although it is presented as almost exclusively in
connection with those populations. Such care is administered to cisgen-
der patients, including those whose gender identity matches their sex
assigned at birth. Cisgender people have been utilizing hormone therapy
for decades to treat medical conditions such as erectile dysfunction and
for alleviating menstrual or menopause related symptoms. Other examples
include breast reconstruction after a mastectomy for cisgender women,
hair transplants for male-pattern baldness, body contouring procedures,
and testosterone therapy for cis men with low testosterone.

Gender-affirming care is predominately used by cisgender individuals,
highlighting the true intentions of the federal government and emphasiz-
ing the need for this legislation. New York State has a responsibility
to act decisively to protect access to medically necessary, evidence-
based care and to counteract the harmful effects of federal disinvest-
ment and disinformation. Ensuring Medicaid coverage and establishing
dedicated funding streams for gender-affirming care is essential to
safeguarding the health, dignity, and fundamental human rights of trans-
gender and gender-nonconforming New Yorkers.

This legislation is more imperative than ever at a time where the feder-
al government is challenging the mere existence of transgender and
gender non-conforming individuals, creating a danger to both the wellbe-
ing of these communities and their ability to receive healthcare. By
amending the human rights law to include healthcare entities, we are
guaranteeing the same protections and healthcare access for all New

Yorkers, regardless of sexual-orientation, gender-identity, race,
national origin, age, disability, color, and creed.

 
PRIOR LEGISLATIVE HISTORY:

2025: S6377-A HOYLMAN-SIGAL/A6596-A Rosenthal

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2025-S9275 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9275
 
                             I N  S E N A T E
 
                             February 23, 2026
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed 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; to
   amend the executive law, in  relation  to  prohibiting  discriminatory
   practices  by health care entities; and to amend the insurance law, in
   relation to prohibiting discriminatory practices by  insurers  and  to
   coverage for treatment for gender dysphoria or gender incongruence
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 365-a of the social  services  law
 is amended by adding a new paragraph (oo) to read as follows:
   (OO)  ALL  MEDICALLY  NECESSARY  GENDER-AFFIRMING  CARE  REGARDLESS OF
 WHETHER ANY FEDERAL FUNDS ARE AVAILABLE FOR SUCH COVERAGE.
   § 2. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14310-02-6
 S. 9275                             2
 
 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
 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.
   § 3. The section heading and the opening paragraph and paragraphs 4, 7
 and 8 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 four new paragraphs 9,  10,  11  and  12  are  added  to
 subsection (a) to read as follows:
 S. 9275                             3
 
   Discrimination  because of RACE, NATIONAL ORIGIN, AGE, DISABILITY, sex
 or marital status in hospital, surgical 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 RACE, COLOR,
 CREED, NATIONAL ORIGIN, sex,  marital  status,  DISABILITY,  PREEXISTING
 CONDITION,  or based on pregnancy, false pregnancy, termination of preg-
 nancy, 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;
   (7)  fix  any lower rate or discriminate in the fees or commissions of
 insurance agents or insurance brokers for writing  or  renewing  such  a
 policy; [or]
   (8) engage in sexual stereotyping[.];
   (9)  INCLUDE  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;
   (10) DENY, LIMIT, OR OTHERWISE EXCLUDE 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  TREATMENT  THAT  IS
 DENIED BASED ON MEDICAL NECESSITY;
   (11)  DESIGNATE  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
   (12)  DENY  A CLAIM FROM AN INSURED OF ONE GENDER OR SEX FOR A SERVICE
 THAT IS TYPICALLY OR EXCLUSIVELY PROVIDED TO AN  INDIVIDUAL  OF  ANOTHER
 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.
   §  4.  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.
   § 5. 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
 S. 9275                             4
 
 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.
   § 6. 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.
   § 7. 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.
   § 8. This act shall take effect immediately.

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Senate Bill S9275

Sponsored By

Current Bill Status - In Senate Committee Finance Committee

Actions

Votes

Mar 17, 2026 - Health Committee Vote

Health Committee Vote: Mar 17, 2026

co-Sponsors

2025-S9275 (ACTIVE) - Details

2025-S9275 (ACTIVE) - Summary

2025-S9275 (ACTIVE) - Sponsor Memo

2025-S9275 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Gustavo Rivera

Current Bill Status - In Senate Committee Finance Committee

Actions

Votes

co-Sponsors

Kristen Gonzalez

Pete Harckham

Robert Jackson

Lea Webb

2025-S9275 (ACTIVE) - Details

2025-S9275 (ACTIVE) - Summary

2025-S9275 (ACTIVE) - Sponsor Memo

2025-S9275 (ACTIVE) - Bill Text download pdf

Comments