Governor Andrew Cuomo today announced a
series of comprehensive regulations to prevent the practice of so-called
lesbian, gay, bi-sexual and transgender “conversion therapy,” which has
been deemed harmful to patients by a wide variety of leading medical
and mental health professionals. Multi-agency regulations announced
today ban public and private health care insurers from covering the
practice in New York State, and also prohibit various mental health
facilities across the state from conducting the practice on minors.
“Conversion therapy is a hateful and fundamentally flawed practice that is counter to everything this state stands for,” said Governor Cuomo.
“New York has been at the forefront of acceptance and equality for the
LGBT community for decades – and today we are continuing that legacy and
leading by example. We will not allow the misguided and the intolerant
to punish LGBT young people for simply being who they are.”
The New York State Department of Financial
Services is issuing regulations barring New York insurers from providing
coverage for conversion therapy given to an individual under the age of
18. Additionally, the New York State Department of Health is
prohibiting coverage of conversion therapy under New York’s Medicaid
program and the New York State Office of Mental Health is issuing
regulations prohibiting facilities under its jurisdiction from providing
conversion therapy treatment to minors.
Conversion therapy – which refers to therapy
intended to change an individual’s sexual orientation or gender
identity – has been repudiated by many medical and professional
organizations, including: the American Academy of Pediatrics; the
American Counseling Association; the American Psychiatric Association;
the American Psychological Association; the American School Counselor
Association; the National Association of School Psychologists; and the
National Association of Social Workers.
Warren Seigel, MD, FAAP, Chair of the New York State Academy of Pediatrics, said:
"Being lesbian, gay, bisexual, or transgender is not a disease,
disorder, illness, deficiency, or shortcoming. The American Academy of
Pediatrics, as well as all major professional associations of health and
mental health practitioners and child and adolescent development
specialists in the United State have recognized this fact for nearly 40
years. We are very pleased by the actions announced today to help
protect vulnerable gay, lesbian, bisexual, transgender and questioning
youth from discredited, sham and dangerous interventions. We applaud
Governor Cuomo for his bold leadership on this issue.”
Ronald Bunce, Executive Director, LMSW, said: "The
National Association of Social Workers - New York State has long
condemned the use of “conversion” and/or “reparative” therapies. People
seek mental health services for many reasons. Accordingly, it is fair
to assume that lesbians and gay men seek therapy for the same reasons
that heterosexual people do. However, the increase in media campaigns,
often coupled with coercive messages from family and community members,
has created an environment in which lesbians and gay men are often
pressured to seek reparative or conversion therapies, which cannot and
will not change sexual orientation. NASW’s National Committee on Lesbian
and Gay Issues believes that such treatment potentially leads to severe
emotional damage, is contrary to data and should be banned."
Matthew A. Weissman, MD, MBA, FAAP Chief Medical Officer/VP of Medical Affairs, Community Healthcare Network, said: "As
a practicing internist and pediatrician, I welcome the governor's
initiative. All 90 health care providers at Community Healthcare
Network, including 14 federally qualified health centers, aim to make
all of our patients' sexual lives healthy and gratifying. All New
Yorkers are entitled to a safe, welcoming atmosphere in which to receive
their healthcare without any attempt to force change in their sexual
identities."
Peter Meacher MD, Chief Medical Officer, Callen-Lorde Community Health Center, Family Physician, said: “So
called conversion therapy not only doesn't work but it is extremely
dangerous for LGBT people, with adverse outcomes from extreme mental
distress and depression up to and including suicide. I have seen these
adverse outcomes firsthand. The Governor's ban of this practice is a
tremendous step forward in working toward health equity and justice for
LGBT people.”
Commissioner of Health Dr. Howard Zucker said: “By
adhering to the recommendations of major medical organizations and
banning these discredited and devastating therapies, New York is
safeguarding the health and well-being of our state's youngest and most
vulnerable LGBT citizens. The children of New York deserve to be
shielded from this detrimental treatment that is rooted in archaic
beliefs."
Commissioner of Mental Health Dr. Ann Marie T. Sullivan said: “Homosexuality,
bisexuality, or living as transgender, are not mental disorders and
they should not be treated as such. With our actions here today, we aim
to protect the inalienable right of self-determination for New York
youth, reducing the trauma this so-called treatment can produce in the
LGBT community, and helping to end the stigma that has been associated
with being LGBT for far too long.”
As part of today’s initiative, DFS, DOH, and OMH will take the following actions:
DFS Insurance Coverage Ban on Conversion Therapy for Minors. Under new regulations DFS will issue (available here),
New York insurers will be barred from providing reimbursement for
conversion therapy services provided to an insured under the age of 18
years. In addition, such insurers are advised to inform participating
behavioral health providers that conversion therapy should not be
provided to minors and that the insurers will not provide reimbursement
for such services. Additionally, as part of the insurers’ provider
credentialing or application and re-credentialing processes, insurers
are advised to require behavioral health providers to certify that they
will not provide conversion therapy to minors or seek reimbursement from
the insurer for such services.
OMH Regulations Prohibiting Conversion Therapy for Minors. Under new regulations OMH will issue (available here),
it will be unlawful for any mental health facility licensed, funded or
operated by the New York State Office of Mental Health to provide
conversion therapy to minors. Failure to comply with these new
regulations could result in the revocation of license and/or funding for
any entity found to have engaged in these practices.
DOH Medicaid Ban on Conversion Therapy Coverage. The New York State Department of Health prohibits (notice available here)
Medicaid coverage for conversion therapy, as Medicaid only covers care,
services, and supplies necessary to prevent, diagnose, correct, or cure
recognized medical conditions. Since there is no medical necessity for
conversion therapy and because it has been repudiated and discredited by
virtually every relevant medical and professional organization,
Medicaid cannot cover it.
Conversion therapy does not include
counseling or therapy for an individual seeking to transition or
transitioning from one gender to another gender, that provides
acceptance, support, and understanding of an individual or the
facilitation of an individual’s coping, social support, and identity
exploration and development, including sexual orientation-neutral
interventions to prevent or address unlawful conduct or unsafe sexual
practices, provided that the counseling or therapy does not seek to
change sexual orientation or gender identity.
Source: Press Office, Governor Andrew M. Cuomo
