Hochul signs Shield Law 2.0 expanding protections for reproductive, gender-affirming care

New York Gov. Kathy Hochul has signed legislation strengthening the state’s legal protections for reproductive health care and gender-affirming care, expanding safeguards against out-of-state investigations and penalties aimed at patients and providers.

Assemblymember Harry Bronson

The measure, known as Shield Law 2.0, builds on New York’s 2023 Trans Safe Haven Act and was sponsored by Assemblymember Harry Bronson, a Democrat representing Rochester. The law is designed to close loopholes that could allow other states to pursue civil, criminal, or professional actions related to care that is legal in New York.

Under the new law, New York courts are prohibited from enforcing subpoenas or investigations related to protected health care unless sworn assurances are provided that the information will not be used punitively. Attorneys licensed in New York are barred from assisting with such efforts, and false sworn statements are subject to civil penalties enforced by the state attorney general.

The legislation also requires health care providers and institutions to notify the Office of the Attorney General within five business days of receiving requests for protected health information. In many cases, disclosure of that information is prohibited, and patients must receive at least 30 days’ notice before any release occurs.

In addition, the law restricts hospitals, clinics, and other private entities based in New York from cooperating with out-of-state investigations related to protected care. It grants the attorney general expanded authority to intervene in court proceedings, investigate violations, seek court orders to block unlawful actions, and impose civil penalties of up to $10,000.

“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,” Bronson said in a statement, calling the measure a response to growing national efforts to restrict reproductive and gender-affirming care.

The law’s enactment comes amid renewed federal actions targeting gender-affirming care for minors. Trump administration health officials recently announced measures that would block Medicaid reimbursement for gender-affirming care provided to patients under 18 and cut off all Medicaid and Medicare funding for hospitals offering pediatric gender-affirming care, even in states where such care is legal.

The American Civil Liberties Union has said it intends to challenge those federal actions in court. New York Attorney General Letitia James has pledged to defend the legality of reproductive and gender-affirming care in the state, calling such care “legal and protected.”

Civil rights advocates praised the new law, saying it reinforces New York’s role as a national safeguard for access to care.

“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,” said Donna Lieberman, executive director of the New York Civil Liberties Union. “In the face of nationwide attacks, this legislation will protect both patients and providers.”

Supporters said Shield Law 2.0 sends a clear message that New York will not cooperate with efforts to penalize individuals for obtaining or providing health care that is legal within the state’s borders.