DOH to Providers: Continue Transgender Care Despite Federal Legal Battle
Amid a flurry of federal litigation and executive orders, New York’s Department of Health (DOH) has issued guidance to administrators and chief executive officers of hospitals, clinics, and diagnostic centers statewide, reaffirming their responsibility to continue providing transgender and gender-affirming care.
A Letter from DOH
A letter signed by Mark Hennessey, director of the Center for Healthcare Provider Services and Oversight, reads, “All patients should expect they will be treated equally. New York law prohibits discrimination based on sexual orientation or gender identity or expression, including transgender status, in health care services and coverage.”
Non-Discrimination
Refusing or stopping care because of race, color, religion, sex, gender identity, national origin, disability, sexual orientation, or age counts as discrimination. In New York, under the Patients’ Bill of Rights, the State Constitution, and the Human Rights Law, it’s considered a right to be free of this kind of medical discrimination. Any health care provider who discriminates would be breaking state law.
Continuity of Care
The letter also directs medical providers to ensure continuity of care, which means they have to keep treatment steady and uninterrupted for all patients, no matter how they identify, and work with those patients to create the best plan for discharges or transfers.
Federal Litigation
The state sued after President Donald Trump issued two executive orders in January, which limited gender-affirming care for young patients. DOH supported the legal actions against the orders, which were later blocked by federal courts with a temporary restraining order blocking agencies from cutting funds. Another suit stopped federal agencies from defunding facilities where gender-affirming care patients under 19 received treatment.
Federal Agency Guidance
Agencies like Health and Human Services, the Health Resources and Services Administration, the National Institutes of Health, and the National Science Foundation were ordered to maintain funding levels regardless of care. The Department of Justice told those agencies to keep awards and obligations in place, so gender-affirming care should continue as before.
DOH’s Position
DOH Commissioner James McDonald testified before State Sen. Brad Hoylman-Sigal, stating that the delay in providing guidance to hospitals was due to the ongoing legal battle. The letter from DOH was dated February 18.
FAQs
- What is the DOH’s stance on transgender and gender-affirming care?
- DOH reaffirms that all patients, regardless of gender identity or expression, should expect to be treated equally and receive the same level of care as any other patient.
- What is the legal basis for this guidance?
- New York law prohibits discrimination based on sexual orientation or gender identity or expression, including transgender status, in health care services and coverage.
- What is the status of the federal litigation?
- The federal courts have blocked the executive orders and lawsuits against gender-affirming care, and federal agencies have been ordered to maintain funding levels and continue providing care.
- What should healthcare providers do in response to this guidance?
- Healthcare providers should continue to provide gender-affirming care to all patients, regardless of gender identity or expression, and ensure continuity of care for all patients.
Conclusion
In the face of federal legal challenges and executive orders, New York’s Department of Health has reaffirmed its commitment to ensuring that all patients, regardless of gender identity or expression, receive the same level of care as any other patient. Healthcare providers are directed to continue providing gender-affirming care and ensuring continuity of care for all patients.
