NEW YORK (CBSNewYork) – Ahead of joining the annual Pride March through New York City, Gov. Andrew Cuomo promised new proposed state-level protections for transgender patients in advance of possible federal changes to key provision of the Affordable Care Act.
The Health and Human Services Department rule dates to the Obama administration, a time when LGBT people gained political and social recognition. But a federal judge in Texas said the rule went too far by concluding that discrimination on the basis of gender identity is a form of sex discrimination, which is forbidden by civil rights laws.
Instead of appealing the judge’s injunction, the Trump administration has opted to rewrite the rule, which applies to health care providers and insurers receiving federal funds.
“For every step the Trump Administration takes backwards, New York will take two steps forward,” said Cuomo. “These regulations will guarantee and expand protections for transgender New Yorkers to help ensure every resident has equal access to health care.”
The governor also released a statement that the State Department of Financial Services has been ordered to issue new regulations to expand the scope of anti-discrimination protections for transgender individuals seeking access to health insurance beyond the ACA’s prior protections.