New Jersey Administrative Code
Title - EXECUTIVE ORDERS
Title 55 - CHRIS CHRISTIE
Section - Executive Order No. 326 (2023)

Current through Register Vol. 56, No. 6, March 18, 2024

Governor Philip D. Murphy

Executive Order No. 326 (2023)

An Order Protecting Gender-Affirming Health Care in New Jersey

Issued: April 4, 2023.

Effective: April 4, 2023.

WHEREAS, New Jersey's Constitution and statutes espouse the fundamental principles of fairness and equal treatment of all New Jersey residents; and

WHEREAS, New Jersey's community of residents who are lesbian, gay, bisexual, transgender, queer, questioning, intersex, asexual, or otherwise do not identify as heterosexual or cisgender ("LGBTQIA+") can experience inequality in our health care system, particularly when seeking care related to sexual orientation, gender identity, and gender expression; and

WHEREAS, as one of the first states in the country to explicitly prohibit discrimination based on sexual orientation, gender identity, and gender expression, New Jersey seeks to address societal barriers to equality faced by the LGBTQIA+ community; and

WHEREAS, P.L. 2017, c.176 prohibits health insurers from denying or limiting coverage, or denying a claim, for services due to a covered person's gender identity or expression or on the basis that the person is a transgender person, including any health care services related to gender transition if coverage is available for those services when not related to gender transition; and

WHEREAS, P.L. 2017, c.117 further provides that a carrier offering a health benefits plan in this State shall provide coverage and payment for health care services delivered to a covered person through telemedicine or telehealth on the same basis as and at a provider reimbursement rate that does not exceed the provider reimbursement that is applicable when the services are delivered through in-person contact and consultation in New Jersey, provided the services are otherwise covered under the plan when delivered in person; and

WHEREAS, it has been a priority of my Administration to ensure that members of the LGBTQIA+ community are safe, protected, and welcome in New Jersey; and

WHEREAS, in July 2018, I signed Senate Bill No. 705 (P.L. 2018, c.60) creating the Transgender Equality Task Force, which was charged with preparing a report and recommendations for advancing transgender equality in New Jersey; and

WHEREAS, in June 2019, I was honored to support LGBTQIA+ New Jerseyans by flying the Pride flag from Drumthwacket for the first time in the State's history; and

WHEREAS, in my first term, I was proud to sign Senate Bill No. 478 (Second Reprint), the "Babs Siperstein Law" (P.L. 2018, c.58), which allows individuals to amend the gender marker on their birth certificate without having to undergo the prior law's requirement of gender-affirmation surgery; and

WHEREAS, in corresponding legislation, I signed Senate Bill No. 493 (First Reprint) (P.L. 2018, c.59), allowing individuals to honor their deceased loved ones by recording the appropriate gender identity on the decedent's death certificate; and

WHEREAS, in March 2021, I signed Senate Bill No. 2545 (P.L. 2021, c.33), establishing a "Bill of Rights" for LGBTQIA+ seniors and prohibiting long-term care facilities from engaging in discriminatory practices against residents or prospective residents based on a person's actual or perceived sexual orientation, gender identity, gender expression, intersex status, or human immunodeficiency virus (HIV) status; and

WHEREAS, in December 2022, I was proud to name Allison Chris Myers as the first transgender person to serve as a Cabinet member in New Jersey history; and

WHEREAS, despite the progress our State has made, members of the LGBTQIA+ community, particularly transgender and non-binary individuals, or individuals whose gender identity, expression, or behavior is different from those typically associated with their assigned sex at birth, face considerable challenges in accessing health care, including stigmatization, discrimination, and a lack of medical professionals trained in providing culturally competent health care services to LGBTQIA+ individuals; and

WHEREAS, according to the 2015 U.S. Transgender Survey, an anonymous online survey of over 27,000 adults identifying as transgender, one third of survey respondents who saw a health care provider in the year preceding the survey reported having a negative experience related to being transgender, such as verbal harassment, refusal of treatment, or having to educate the provider in order to get appropriate care; and

WHEREAS, the New Jersey Transgender Equality Task Force echoed these sentiments in its 2019 report, highlighting the need to address certain gaps and disparities in LGBTQIA+ health care, including access to gender-affirming health care services as described below, and increased education and public awareness to help patients and providers understand their legal rights and responsibilities related to gender-affirming health care; and

WHEREAS, gender-affirming health care is a patient-centered, holistic approach to care designed to align certain aspects of a person's gender identity, expression, or behavior through an array of medical, non-medical, and mental health care services; and

WHEREAS, the importance of gender-affirming health care is well documented by numerous professional and governmental organizations, including the American Medical Association, the American Psychological Association, the American Psychiatric Association, the American Academy of Child and Adolescent Psychiatry, the American Academy of Pediatrics, the Endocrine Society, the Society for Adolescent Health and Medicine, the World Health Organization, the World Professional Association for Transgender Health, the Centers for Disease Control and Prevention, and the U.S. Department of Health and Human Services; and

WHEREAS, according to these and other health organizations, gender-affirming health care services are crucial to the overall health and well-being of transgender and non-binary individuals, particularly transgender and non-binary youth and other individuals whose gender identity, expression, or behavior is different from those typically associated with their assigned sex at birth; and WHEREAS, despite the scientifically proven benefits of gender-affirming health care, a number of states have recently imposed barriers to such care by enacting laws that subject health care professionals to civil or criminal liability for providing gender-affirming health care, or that target parents for seeking such care for their children; and

WHEREAS, in light of the growing threat against gender-affirming health care in other states, it is vital that New Jersey safeguard health care professionals and patients against potential repercussions resulting from providing, receiving, assisting in providing or receiving, seeking, or traveling to obtain gender-affirming health care services; and

WHEREAS, New Jersey is a State of over 9.2 million residents with significant population density around the New York metropolitan area, the greater Philadelphia area, and the central New Jersey area; and

WHEREAS, the New York metropolitan area (New York-Newark-Jersey City) has the highest population of LGBTQIA+ adults of any metropolitan area in the United States; and

WHEREAS, it is in the public interest of the State to foster a safe and affirming healthcare environment in New Jersey and ensure that members of the LGBTQIA+ community present in New Jersey, including transgender and non-binary youth, enjoy equal access to quality health care services, regardless of their sexual orientation, gender identity, or gender expression, and regardless of whether they are residents of New Jersey or of any other state;

NOW, THEREFORE, I, PHILIP D. MURPHY, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT: