Attorney General James Celebrates New Nation-Leading Shield Law Protections for Abortion and Gender-Affirming Care

NEW YORK – New York Attorney General Letitia James today celebrated the signing of landmark legislation that significantly strengthens New York’s shield law protections for patients and providers of abortion and gender-affirming care. The new law, Strengthening Legal Protections for Gender-Affirming Care & Reproductive Health Care, expands and fortifies safeguards against efforts to investigate, punish, or penalize individuals providing or receiving legal health care in New York. Sponsored by Senator Brad Hoylman-Sigal and Assemblymember Harry Bronson, the legislation was developed in close partnership with the Office of the Attorney General (OAG), health care providers, and advocates to address mounting threats to privacy and patient safety. The protections are especially important as hostile states and the federal government increasingly attempt to criminalize or restrict access to essential health care across state lines. 

“Across the country, extremists are trying to roll back our rights and criminalize care, but New York is stepping up,” said Attorney General James. “With this update, our shield law becomes the gold standard, offering the strongest protections possible for providers, patients, and their support networks. We will not allow other states to dictate what happens in our exam rooms or our courtrooms. If you come to New York for care, we will have your back. I am grateful to Governor Hochul for signing this critical legislation protecting New Yorkers’ fundamental rights and personal privacy.”

“Every day, the Trump administration and hostile states escalate their threats against providers of reproductive and gender-affirming care and the patients who depend on it,” said Senator Brad Hoylman-Sigal. “These threats are not hypothetical, and our legal process is being weaponized to criminalize care that is authorized, evidence-based, and lifesaving here in New York. That’s why I was proud to sponsor the Shield Law 2.0, drafted in partnership with Attorney General Letitia James, to ensure New York remains a safe haven from such hostile and intimidating attacks. This crucial legislation will close loopholes that would otherwise lead to the disclosure of sensitive patient information so that all providers involved in the provision of care are shielded. I am grateful to Governor Kathy Hochul for signing this life-saving legislation into law, to Attorney General James for her leadership, to Majority Leader Andrea Stewart-Cousins for her support, and to Assemblymember Harry Bronson for sponsoring the bill in the Assembly. With this legislation, we are making it clear that New York courts must apply New York’s legal protections, and we will stay proactive in our fight to protect reproductive and gender-affirming care for New Yorkers.”

“No one should face danger of persecution for seeking the healthcare they need,” said Assemblymember Harry Bronson. “When people trust their healthcare providers, have access to safe, reliable care, and can procure that care when they need it, they thrive. I am proud to have sponsored this bill with Senator Hoylman-Sigal and am thankful for the Governor's support in protecting access to vital healthcare. With the help of Attorney General James, this legislation continues our commitment to respect and see the humanity of all.”

Since President Trump returned to office, his administration has issued a series of executive orders attacking access to abortion and gender-affirming care. At the same time, anti-abortion prosecutors and attorneys general in other states have grown increasingly aggressive in their efforts to investigate, sue, and prosecute providers for care that is legal in New York. Earlier this year, a New York doctor was sued and indicted by officials from two separate out-of-state jurisdictions for providing lawful medical care in New York. On December 18, the federal government announced plans to dramatically restrict access to gender-affirming care for young people nationwide. 

Against this backdrop, New York’s strengthened shield law provides critical safeguards against out-of-state overreach. The law aligns many gender-affirming care protections with existing reproductive health care measures and prohibits the enforcement of subpoenas or investigative demands related to legally protected health care in New York unless they are accompanied by a sworn affirmation that the information will not be used to punish protected care. Anyone who submits a false affirmation may face civil penalties, enforced by Attorney General James. 

The law also establishes strict safeguards for sensitive health information. Any New York-based individual or institution that receives a request for protected health information must notify OAG within five business days and, in most cases, is prohibited from releasing that information. Patients must receive reasonable notice at least 30 days prior to any disclosure of protected health information. The law prohibits New York-licensed attorneys from assisting in the domesticating of these subpoenas and bars New York-based private entities, including hospitals and clinics, from cooperating with investigations seeking to penalize reproductive or gender-affirming care. 

To ensure meaningful enforcement, the law grants Attorney General James explicit authority to investigate violations, bring enforcement actions, and seek court orders to prevent the unlawful sharing of protected health information. Anyone who knowingly or recklessly violates the shield law by disclosing protected health information may be subject to a $10,000 civil penalty. Attorney General James is authorized to intervene in any court proceedings related to protected health care information, and the legislation ensures that no one can be penalized or held in contempt in New York for complying with New York’s shield law. 

Finally, the law expands shield law protections to cover the full range of professionals involved in reproductive and gender-affirming care, including therapists, speech pathologists, mental health practitioners, advanced practice clinicians, and other health care providers. These professionals are protected from losing their licenses, insurance, or professional standing simply for providing lawful care.  

This legislation was supported by a broad coalition of advocates and health organizations, including Planned Parenthood Empire State Acts, the New York Civil Liberties Union, the National Institute for Reproductive Health, Empire Justice Center, Gender Equality New York, and the American College of Obstetricians and Gynecologists District 2, among many others.

“At a time when bodily autonomy is under coordinated attack across the country, New York must continue to lead with clarity and courage,” said Robin Chappelle Golston, President and CEO of Planned Parenthood Empire State Acts. “We are deeply grateful to Governor Hochul, Senator Hoylman-Sigal, Assemblymember Bronson, and Attorney General Letitia James for taking action to close dangerous gaps in our existing law that leave patients, providers, and families vulnerable to out-of-state criminalization. New York has long been a national leader in defending bodily autonomy. Today, the message couldn't be clearer: in the Empire State, the freedom to make personal health decisions free from fear and intimidation will be 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,” said Donna Lieberman, Executive Director at the New York Civil Liberties Union. “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.”

“Abortion access and gender-affirming care are central to a person’s right to control their body, life, and future,” said Christian LoBue, President of the National Institute for Reproductive Health Action Fund. “Escalating attacks on trans people and reproductive health care by an emboldened Trump administration and hostile states underscore why shield laws that protect sensitive health information and extend protections to everyone involved in care are so essential. New York is demonstrating how states can protect access to care. This bill strengthens New York’s shield law, further safeguarding patients, providers, and anyone who helps them, ensuring access to critical health care, especially for young people, immigrants, people with low incomes, and other communities most likely to be targeted and criminalized.” 

“Children and their families must be able to obtain necessary medical care, including legally protected healthcare, without being punished,” said Alex Dery Snider, Director of Policy and Communications of the Empire Justice Center. “This is a matter of life and death for our clients, and the need for these protections has only gotten more urgent since the bill was introduced. We thank Governor Hochul for signing this important legislation. We also are grateful to Attorney General James and sponsors Senator Hoylman-Sigal and Assemblymember Bronson for their leadership on this issue."

“With the enactment of Shield Law 2.0, New York continues to lead the nation in protecting transgender people, their families, and the healthcare providers who support them,” said Patrick McGovern, CEO of Callen-Lorde Community Health Center. “We are grateful to Attorney General Letitia James for defending access to evidence-based care and for standing up to efforts that threaten New Yorkers as well as patients and providers across state lines; and we thank Governor Kathy Hochul for her leadership in signing this critical legislation into law and providing necessary protections for New York's providers of vital and life-affirming care. At Callen-Lorde, we believe every person deserves to be seen, affirmed, and cared for—without exception. Medical decisions should be grounded in science and remain between a patient, their family, and their clinician. Partisan politics have no place in the clinic.”

“The National Council of Jewish Women New York celebrates the passage of the Shield Law 2.0, a critical victory that ensures New York state continues to protect medical professionals who provide reproductive healthcare and gender-affirming care,” said Andrea Salwen Kopel, Executive Director of the National Council of Jewish Women New York. “Jewish texts and traditions value the life and health of pregnant people and support their right to seek and receive the care they need without fear or coercion. Ensuring legal protection for both providers and patients aligns with these core Jewish values and upholds justice and compassion for all.  At a time when access and safety are under attack across the country, Shield 2.0 solidifies New York’s role as a beacon of reproductive freedom and protection in an increasingly hostile national landscape.”

“The passing of Shield Law 2.0 is one of the most important pieces of legislation to ensure NY can continue to be a safe haven for LGBTQ unhoused youth – especially after the U.S. House of Representatives passed H.R. 3492,” said Nadia Swanson, Director of Advocacy and Global Platforms, The Ali Forney Center. “Gender-affirming care access supports youths' ability to heal from the trauma of family rejection, access work and school opportunities, and move on to independence to live the life we all deserve.”

“As medical providers, mental health professionals, social workers, and service providers, we live by a shared code of ethics: to enhance human well-being, advocate for fair access to basic human needs with dignity, and support patients' self-determination,” said the New York City Trans Queer Provider Advocacy Coalition. “Shield Law 2.0 protects our ability to provide safe and accessible care to our community. Thank you, Senator Hoylman-Sigal and Assemblymember Bronson, for your leadership, and Governor Hochul, for recognizing the urgency and importance of expanding protections for gender-affirming care.”

“Thanks so very much to our New York state legislature, our governor, and Attorney General James for supporting bodily autonomy and human rights,” said Scott Hartman, MD, Secretary, New York State Academy of Family Physicians. “And thanks to the many organizations that worked tirelessly on the passage of this bill, including the NY State Academy of Family Physicians, NY State Psychiatric Association, NYCLU, Planned Parenthood, and Human Rights Campaign.”

“At the end of one of the worst weeks of attacks on gender affirming care and the right of trans people to bodily autonomy in the U.S., I celebrate Governor Hochul's signature on Shield Law 2.0 to protect trans youth's access to life-saving care and the physicians and families who provide it to them,” said H. May, Organizer for FLX Beacon: A Coalition for LGBTQIA+ Liberation Across the Finger Lakes. “I am grateful that Governor Hochul continues to follow the science that overwhelmingly supports the safety and value of gender affirming medical care for trans people of all ages, empowering them to live full and meaningful lives. I am also buoyed by the Attorney General's statements of unwavering support for trans youth in New York and beyond following HHS's announcement that it will deny hospital systems essential funding in order to force them to terminate gender affirming care for all trans youth. As the national government increases its existential attacks on the trans community, state leadership is essential.”

For more information on New York’s shield law protections, visit OAG’s website. 

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