Can I still access gender-affirming care in New York City?

Yes, New York currently supports access to gender-affirming medical care for both adults and young people. While the federal government has attempted to withhold funding from hospitals that provide gender-affirming care, there are lawsuits challenging the government’s right to withhold funding from hospitals. In New York, individuals are still entitled to care.   

What does this mean for me in New York?

• In New York, city and state law makes it illegal for healthcare facilities and insurance companies to deny treatment over a person’s transgender identity or diagnosis of gender dysphoria.

• If a New York hospital attempts to deny you gender-affirming care, they may be liable for discrimination. You should document your interactions with hospitals in the event they try to deny you care. 

How can I protect myself if I am denied care or experience discrimination in hospitals? 

• One way to protect yourself is to record your interactions with hospital staff. It is legal in New York to record a conversation as long as one party (which can be the person making the recording) agrees to be recorded.  

• You can also take notes on the interactions with hospital staff as soon after they happen as possible, with the date, time, where the interaction occurred as well as any witnesses and as many direct quotes as you can remember.

How do I file a complaint?

• If you have experienced discrimination or been denied service due to your gender identity, you can file a complaint with a state agency, including:
  
  • NYC Commission on Human Rights (file a complaint here)
  • New York State Division of Human Rights (file a complaint here)
  • New York State Department of Financial Services (file a complaint here)
  • New York Attorney General’s Office (file a complaint here) 

RESOURCES:

• Your Rights in New York After Trump’s Anti-Trans Executive Orders (NYLCU)
• Health care information for transgender, nonbinary, gender nonconforming, and intersex New Yorkers (NYS Attorney General)
• Health Coverage Information for Transgender New Yorkers (NYS Dept. of Financial Services
• LGBTQ+ Services (NYC Health & Hospitals)