(BOSTON 6/27/2025) — Yesterday, 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.
“Health care decisions should be made by patients and their doctors, not governments – especially the governments of other states. In Massachusetts, we are preserving lifesaving care for women and trans individuals by protecting providers from witch-hunt investigations conducted by other state governments and Washington DC,” said Senator Michael Moore (D-Millbury). “I’m proud to have voted to advance this critical legislation and look forward to continuing our work to protect vulnerable people. I am hopeful that the Senate will swiftly come together to pass the Location Shield Act or my bill, the Massachusetts Data Privacy Act, which would create nation-leading protections for your most sensitive data. These bills would continue the Commonwealth’s commitment to privacy in medical care by ensuring no one – whether a private company or a government agency – can buy your data for unfair and unjust investigations.”
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 June 16, 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.
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