There's a little less than week left to submit comments on a federal Department of Health and Human Services proposed rule change.
The administration plans to roll back an Obama-era regulation which included sexual identity in the definition of sex discrimination.
"Regardless of what Donald Trump does as he continues his assault on the LGBTQ community and his discriminatory policies, we are staying together with a multi-agency approach to make sure these individuals are protected in the state of New York," Lt. Gov. Kathy Hochul, D-NY, said.
A number of New York state agencies submitted comments this week opposing the plan. Hochul said it could lead to health care providers or insurers denying critical treatment to individuals who are transgender or gender non-conforming.
"I have no idea what thought process goes into the decisions that Donald Trump and his administration come forward with. All we can do is weigh in with our legal arguments, our rationale arguments, our arguments that are based on laws that we have here to protect the transgender community here," she said.
The Health Department said federal courts have determined the Obama administration exceeded its authority when it expanded the definition. It also said the regulation caused confusion, may force people to do something outside their religious beliefs and has created a significant financial burden.
"Our letters may or may not have the impact of getting (him) to reverse his decision but they are a statement of our priorities and our values here in the state of New York," she said.
Hochul said regardless of the final decision, the governor plans to make sure transgender individuals in New York maintain the same protections they've had when it comes to health care.
"He has the Superintendent of Financial Services, Linda Lacewell, exploring what our options are to send messages to the insurance industry that we expect these services to be covered here in New York," she said.
So far, DHHS has received more than 80,000 comments.