A provision in S09275 redefines who counts as a 'health care entity' under New York's public accommodation law—and it may affect more businesses than you think.
Most restaurant owners know New York's public accommodation law prohibits discrimination. Fewer know that S09275, signed into law, quietly expanded that definition in a way that could touch businesses well beyond traditional hospitals and clinics.
S09275 primarily addresses Medicaid coverage for gender-affirming care. But buried in the bill is a provision that adds "health care entities" to New York's definition of "place of public accommodation" under Executive Law §296(2)(a). This matters because places of public accommodation cannot legally discriminate based on protected characteristics—now including gender identity.
Here's the key: "health care entities" is defined broadly. It includes any licensed health professional—physicians, nurses, dentists, and others—as well as hospitals. If your restaurant employs a nurse, contracts with a dentist for employee wellness programs, or works with any licensed health professional on premises or through your business, that person is now operating under this expanded definition.
The law prohibits discriminatory practices by these health care entities. In plain terms: any licensed health professional providing services through or on behalf of your business cannot deny care, refuse service, or discriminate based on a patient's or client's gender identity or gender expression.
This applies immediately upon enactment (§10 of the bill). There is no phase-in period or transition window.
For most restaurants, this is straightforward: if you have an on-site nurse or occupational health professional, they must follow these rules. If you contract with a dentist or physical therapist for employee wellness initiatives, the same applies. The law doesn't require you to offer services you don't already provide—it requires that services you do offer be provided without discrimination based on gender identity.
Review any health-related services your business provides or contracts for. If you employ or contract with licensed health professionals, ensure they understand the non-discrimination requirement. This is consistent with New York's existing public accommodation law; the change is simply the addition of gender identity as a protected characteristic in this context, and the formal inclusion of health care entities in the definition.
If you're unsure whether a particular service or contractor is affected, consider consulting with a labor or employment attorney familiar with New York public accommodation law.
The relevant section is §4 of S09275, amending Executive Law §296(2)(a), found on pages 3–4 of the bill text.
This explainer is for informational purposes. For business-specific guidance on how S09275 applies to your restaurant, consult a qualified employment or public accommodation attorney in New York.