New York State has taken additional steps to protect reproductive healthcare and gender affirming care with Governor Hochul signing Sield Law 2.0 (S4914B/A5480C), sponsored by Assemblymember Harry Bronson (AD-138), into law.

Shield Law 2.0 expands upon 2023’s Trans Safe Haven Act by closing loopholes to prevent out-of-state overreach and strengthen protections for individuals who provide or receive reproductive health care or gender-affirming care from criminal or civil liability or professional sanctions outside of New York State.

“With the passage of Shield Law 2.0, New Yorkers can now be assured that access to safe, reliable, lifesaving care from trusted providers is protected from retribution or punishment,” said Assemblymember Bronson. “Sheild 2.0 is the result of a collaborative effort from many stakeholders who fought to preserve the sanctity of reproductive healthcare and gender-affirming care in New York State for both patients and providers. I thank my Senate colleague, Brad Hoylman-Sigal, Governor Hochul, Attorney General Letita James, NYCLU, Next Generation Men of Transition and others for their steadfast commitment to legislation that respects the dignity and humanity of all and continues New York’s proud tradition of standing up for human rights.”

Protections put in place with the new Shield Law 2.0 include:

• Prohibits the enforcement of subpoenas and investigations related to protected health care provided in New York without sworn affirmations that the information will not be used punitively.
• Bars attorneys licensed in NYS from assisting with subpoenas or investigations.
• Submitting false affirmations is subject to civil penalties, enforceable by the NYS AG Office.
• Requires NY-based individuals and health care institutions notify OAG within 5 business days if they receive requests for protected health information, and in many cases, bars the releasing of that information.
• Requires that patients receive at least 30-day notice before any disclosure of protected health information.
• Restricts New York-based private entities, including hospitals and clinics, from cooperating with investigations.
• Grants the OAG’s office authority to intervene in court proceedings related to protected healthcare, investigate violations, bring enforcement actions, seek court orders to prevent unlawful activities, and impose civil penalties up to $10,000.

Governor Hochul’s enaction of Shield 2.0 comes after Trump administration health officials announced two new measures to effectively ban gender-affirming care for minors – even in states such as New York where this care is protected and legal. The new measures include prohibiting doctors and hospitals from receiving federal Medicaid reimbursement for gender-affirming care provided to patients under the age of 18 and blocking ALL Medicaid and Medicare funding for any hospital that provides pediatric gender-affirming care. The ACLU has announced intentions to sue the Trump administration over these measures.

Attorney General Letitia James has also publicly stated that she will fight back, promising New Yorkers that this healthcare is “legal and protected.”

“By signing this critical bill into law, Governor Hochul has taken a critical step to reaffirm that New York is a champion of abortion access and gender affirming care. In the face of nationwide attacks on reproductive and gender-affirming health care, this legislation will protect providers who continue to offer care despite the threats, as well as their patients, those seeking care, and those supporting them. Access to health care is an essential human right. We will keep fighting to ensure that every New Yorker can get the care they need,” Donna Lieberman, New York Civil Liberties Union Executive Director

“Shield Law 2.0 sends a clear message that New York will protect patients, providers, and families from out-of-state political attacks and ensure access to medically necessary care without fear or intimidation. As Founder and President of Next Generation Men of Transition and former Director of Advocacy & Community Engagement at the New Pride Agenda, I’m grateful for the Attorney General’s leadership and extend special thanks to Assemblymember Harry Bronson for championing this critical protection,” Brittan Hardgers, Next Generation Men of Transition