Hochul approves expansion of trans safe haven law, vetoes HIV care access bill
Gov. Kathy Hochul on Dec. 19 signed a bill expanding a state law protecting gender-affirming and reproductive care from out-of-state legal proceedings, but also vetoed legislation intended to improve access to medication to treat or prevent HIV. The governor approved the so-called “Shield Law 2.0,” which bolsters the state’s 2023 Trans Safe Haven Act, at … Read More
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Gov. Kathy Hochul on Dec. 19 signed a bill expanding a state law protecting gender-affirming and reproductive care from out-of-state legal proceedings, but also vetoed legislation intended to improve access to medication to treat or prevent HIV.
The governor approved the so-called “Shield Law 2.0,” which bolsters the state's 2023 Trans Safe Haven Act, at a time when the Trump administration is moving aggressively to restrict gender-affirming care, especially for youth, while dozens of states have implemented anti-trans health policies.
The Shield Law 2.0 was carried by two out lawmakers — Assemblymember Harry Bronson of Rochester and State Senator Brad Hoylman-Sigal of Manhattan — and passed the State Legislature in mid-June during Pride Month. The law bars enforcement of subpoenas and investigations regarding protected care in New York State without sworn affirmations that the information will not be used to punish individuals; bans attorneys licensed in the state from helping with investigations or subpoenas; requires New York-based health care institutions and individuals to notify the Office of the Attorney General of any requests for protected health information within five business days; and bans private hospitals, clinics, and other entities from cooperating with investigations, among other protections.
Bronson, in a written statement, said New Yorkers can "now be assured that access to safe, reliable, lifesaving care from trusted providers is protected from retribution or punishment."
Hoylman-Sigal also welcomed the governor’s approval of Shield Law 2.0.
“It’s official,” Hoylman-Sigal wrote on X. “With the governor’s signature of our bill, NY now has the strongest protections for gender-affirming and abortion care in the USA.”
He added: “When healthcare is under attack? What do we do? Stand up! Fight back!”
Kei Williams, the executive director of the state LGBTQ advocacy group New Pride Agenda, celebrated the law and called on the governor and attorney general to enforce it and build on it.
"New Pride Agenda looks forward to working with our elected officials to guarantee the protections of this law," Williams said, "and we will continue to advocate for ironclad legal safeguards for queer healthcare."
Amida Care, a not-for-profit Medicaid health plan specializing in providing coverage and care to New Yorkers with complex conditions, including HIV, said the shield law sends a message that New York State will not allow out-of-state interference or political intimidation to dictate decisions surrounding care.
“Shield Law 2.0 strengthens critical safeguards for patient privacy and provider autonomy, ensuring that people can seek medically necessary care without fear and that clinicians can deliver that care guided by science, ethics, and their professional judgment—not political threats," said Doug Worth, Amida Care's CEO. "For transgender and gender nonconforming people, these protections are not abstract. They are essential to safety, dignity, and survival."
Meanwhile, the governor vetoed legislation prohibiting Medicaid service providers from requiring prior authorization for prescription drugs for the treatment or prevention of HIV and AIDS.
“We are deeply disappointed by Governor Hochul’s decision to veto our legislation expanding access to HIV treatment and prevention drugs," Hoylman-Sigal and Assemblymember Linda Rosenthal, the bill's two lead sponsors, said in a joint statement. "By continuing to impose unnecessary prior authorization requirements, New Yorkers on Medicaid will continue to face dangerous delays in obtaining HIV medications."
Hoylman-Sigal and Rosenthal noted that they previously authored a law giving the same protections to those on private insurance, but instead of balancing access to care, they said the veto will force some of the state's most vulnerable residents to wait the longest for HIV care.
When asked for comment, a spokesperson for the governor directed Gay City News to the governor's veto memo, which described the bill as a "well-intentioned extension of a similar bill that was passed last year," but insisted that prior authorization is only required "if there is a contraindication with the clincal critera set by the Drug Utilization Review Board and the Deparmtent of Health."
"Medicaid has a prior authorization program that operates on a 24/7 basis, maintains a 24-hour turnaround time for authorization determinations, and allows for a 72-hour emergency supply,” the memo states. “This bill would eliminate those critical patient safety protections and would not improve an already successful and efficient process. Therefore, I am constrained to veto this bill."
