Hospitals must maintain gender-affirming care under law, New York AG says

New York Attorney General Letitia James is calling on healthcare providers to continue providing gender-affirming care for individuals under 19, cautioning that restricting services could violate state anti-discrimination laws.

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Her office issued a letter on Feb. 3 with a reminder to healthcare providers following President Donald Trump’s executive order to restrict federal funding and support for such care. 

“Regardless of the availability of federal funding, we write to further remind you of your obligations to comply with New York State laws,” the letter states. “Electing to refuse services to a class of individuals based on their protected status, such as withholding the availability of services from transgender individuals based on their gender identity or their diagnosis of gender dysphoria, while offering such services to cisgender individuals, is discrimination under New York law.”

President Trump signed an executive order Jan. 28 directing federal agencies to reassess policies and to ensure institutions that receive federal research or education grants are not providing gender-affirming care for minors. Nationwide, some hospitals paused gender-affirming treatments for minors in response. 

Brian Conway, a spokesperson for the Greater New York Hospital Association, shared the following statement with Becker’s:

“GNYHA is in close contact with our member hospitals about the gender-affirming care executive order. We are collaboratively working through every aspect of the EO to determine its legal and clinical implications. That work is ongoing.”

 

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