Massachusetts Senate Boosts Reproductive and Transgender Care Protections Amid Federal Threats

 Massachusetts Senate Boosts Reproductive and Transgender Care Protections Amid Federal Threats 

Response 2025 legislation bans data sharing and shields providers from legal threats 

(BOSTON—6/26/2025) Today, the Massachusetts Senate passed the An Act strengthening health care protections in the Commonwealth—otherwise known as the Shield Act 2.0—legislation that would fortify protections for those seeking and providing reproductive and transgender care.  

The bill, S.2538, which was approved by a vote of 37-3, adds a layer of protection for patients and providers at a time when attacks on reproductive and transgender rights are escalating on multiple fronts, including executive orders from the Trump Administration, federal funding freezes for care providers, a Supreme Court decision ruling against transgender care, and other states bringing lawsuits against physicians providing reproductive health care.  

“This bill makes it clear that the Massachusetts Senate will not back down when it comes to protecting our residents and defending our values,” stated Senate President Karen E. Spilka (D-Ashland). “Our residents—indeed all Americans—deserve the right to make their own health care decisions in consultation with their providers. In Massachusetts, we do not discriminate based on the type of care you seek, and this bill strengthens protections for transgender people and those who have the ability to get pregnant. I applaud Senator Cindy Friedman and the Senate Committee on Steering and Policy for coalescing around this bill at this crucial time as part of the Senate’s Response 2025 initiative. I’d also like to thank Senate Judiciary Chair Edwards, Senate Ways and Means Chair Rodrigues, and my Senate colleagues, as well as the stakeholders, advocates and members of the public who helped to craft this important legislation.” 

“As we face new, more unpredictable threats from a hostile federal government that is targeting those engaged in care that is legally protected under Massachusetts law, we must again stand up to defend our autonomy and the rights of Massachusetts residents,” said Senator Cindy F. Friedman (D-Arlington), Chair of the Senate Committee on Steering and Policy. “The passage of the Shield Act 2.0 upholds the Senate’s commitment to always keep the health and safety of Massachusetts residents at the forefront of our work. I want to thank Attorney General Campbell and the many advocates for their collaboration in crafting this bill, Senator Edwards and Chair Rodrigues for their attention to this matter and helping move the bill to the Senate floor, and Senate President Spilka for her commitment through the Response 2025 to respond to the unpredictable and often deplorable actions of the Trump Administration.”  

“At a time when access to essential health care is under attack across the country, Massachusetts is making a clear commitment to protect the rights, safety, and privacy of our residents,” said Senator Lydia Edwards (D-East Boston), Senate Chair of the Joint Committee on the Judiciary. “This legislation ensures that patients and providers are shielded from political interference and unlawful, out-of-state overreach. We want our communities to know that in Massachusetts, your health care decisions remain between you and your doctor.” 

Boosting protections that were first passed by the Legislature in 2022 as part of a Shield Act, the legislation prohibits state agencies and law enforcement from cooperating with other states or federal investigations into legally-protected reproductive or transgender health care provided in Massachusetts. Businesses that manage electronic health information would similarly be limited in sharing patient data connected to these services. 

It makes practical updates to protect providers, including allowing prescriptions to be issued with the name of a healthcare practice rather than an individual practitioner, excluding certain reproductive and gender-affirming medications from the state’s drug monitoring programs, and limiting third-party access to related medical records.  

Additionally, the legislation: 

• Enhances license protections for anyone providing or assisting in the provision of reproductive or transgender health care services. 
• Protects attorneys licensed in Massachusetts from removal or discipline for advising or representing clients on the topics of reproductive or transgender health care services. 
• Forbids insurance companies from discriminating against or penalizing providers who offer reproductive and transgender health services. 
• Prohibits courts from admitting or considering cases of abuse, neglect, or maltreatment brought against parents because they support their child in seeking reproductive or transgender care.
  
  
  The legislation mandates that acute-care hospitals provide emergency services—including abortion care when necessary—to any patient who is injured or seeking emergency treatment. The measure comes in response to the Trump Administration’s rollback of Biden-era requirements that required hospitals to deliver abortion care in cases of emergency. 

 

The legislation, a part of the Massachusetts Senate’s Response 2025 initiative to protect the Commonwealth from federal threats, was reported out of the Joint Committee on the Judiciary on June16, 2025, and then reported out of the Committee on Ways and Means on June 18, 2025. Votes of each committee are available on the Legislature’s website, along with a full summary of the bill and a recording of the Senate’s livestreamed debate on amendments.    

Having passed the Senate, the bill has been sent to the House of Representatives for their consideration.