Bill Text: CA SB959 | 2023-2024 | Regular Session | Amended

California Senate Bill 959

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Trans-inclusive care: resources and support services.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2024-08-27 - Ordered to inactive file on request of Assembly Member Zbur. [SB959 Detail]

Download: California-2023-SB959-Amended.html

Amended IN Senate April 08, 2024

Amended IN Senate February 28, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 959

Introduced by Senator Menjivar
(Coauthor: Senator Rubio)

January 23, 2024

An act to add Division 119.6 (commencing with Section 150960) to the Health and Safety Code, relating to trans-inclusive care.

LEGISLATIVE COUNSEL'S DIGEST

SB 959, as amended, Menjivar. Trans-inclusive care: resources and support services.

Existing law establishes the California Health and Human Services Agency, which includes the State Department of Public Health, among other state departments charged with the administration of health, social, and other human services. Existing law requires the agency to convene a working group of representatives to develop a quality standard for patient experience related to the transgender, gender diverse, or intersex (TGI) community and to recommend training curriculum to provide trans-inclusive health care.

This bill would require the agency, or an entity designated by the agency, on or before July 1, 2025, to create an internet website where the public can access information and resources to support TGI individuals and their families in accessing trans-inclusive health care and other support services in the state, including, but not limited to, a general description of trans-inclusive health care, information on how to access directories of providers providing gender-affirming services, and resources for victims of hate incidents and hate crimes.

The bill would require the agency to consult with specified subject matter experts and the Department of Justice in creating the internet website. The bill would also require the agency, in consultation with subject matter experts, to maintain the website and review the available information and resources to ensure the website is current and updated at reasonable intervals, but no less than once every 6 months.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Division 119.6 (commencing with Section 150960) is added to the Health and Safety Code, to read:

DIVISION 119.6. Transgender, Gender Diverse, and Intersex Health Care and Informational Resources

150960.

(a) (1) To ensure transgender, gender diverse, and intersex (TGI) individuals have accurate and comprehensive information when accessing health care and other services in California, on or before July 1, 2025, the California Health and Human Services Agency, or an entity designated by the agency, shall establish an internet website where the public can access information and resources to support TGI individuals and their families in accessing trans-inclusive health care and other support services in the state.

(2) The internet website established pursuant to paragraph (1) shall include all of the following information and resources:

(A) Existing federal and state protections for TGI individuals accessing trans-inclusive health care.

(B) Existing federal and state protections for health care providers providing gender-affirming health or mental health care against criminal or civil penalties, or for professional discipline based solely on the application of another state’s law that prohibits care that is lawful if provided in this state.

(C) Information on how to access health care plans, Medi-Cal managed care plans, and health insurer directories that identify in-network providers that offer gender-affirming services, as described in Section ~~1367.28,~~ 1367.28 of this code, Section 10133.14 of the Insurance Code, and Section 14197.09 of the Welfare and Institutions Code.

(D) Support services to assist an individual in accessing trans-inclusive health care, including, but not limited to, transportation, family engagement support, training and education sessions, and translation services.

(E) Payment support resources available to assist individuals with health care costs, including coverage options, state programs, and other available assistance.

(F) General description of trans-inclusive health care, including gender-affirming health care and gender-affirming mental health care.

(G) Information to combat misinformation and disinformation about trans-inclusive health care, including gender-affirming health care and gender-affirming mental health care.

(H) References and links to additional related information and resources for TGI individuals and their ~~families~~ families, to the extent such information is available to the agency, regarding the following:

(i) Rights and legal protections for TGI individuals to access health care, housing, employment, public accommodations, and other programs free from discrimination.

(ii) Filing a complaint with the appropriate government agency following a violation of an individual’s rights.

(iii) Accessing legal services.

(iv) Resources for victims of hate incidents and hate crimes.

(v) Updating an individual’s name and gender marker on state and federal identification records, including, but not limited to, driver’s licenses, birth certificates, death certificates, passports, and social security cards.

(vi) Programs and services for those experiencing, or at risk of experiencing, homelessness.

(vii) Programs and services to promote economic security, including food and cash assistance programs.

(I) Any other information or resources that will assist an individual seeking comprehensive and accurate information about accessing trans-inclusive health care and other support services in the state.

(3) In creating the internet website, the agency shall consult with subject matter experts and the Department of Justice when determining the information and resources to be posted. “Subject matter experts” include, but is not limited to, representatives from TGI communities, including Black, Indigenous, and people of color, and may also include the entities and individuals that participated in the TGI Health Care Quality Standards and Training Curriculum Working Group established under Section ~~150950.~~ 150950 and the Civil Rights Department.

(4) The internet website shall have mobile capabilities.

(5) The internet website shall comply with Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), regulations implementing that act as set forth in Part 1194 of Title 36 of the Code of Federal Regulations, and any laws or regulations governing the accessibility of state internet websites.

(6) In maintaining the internet website, the agency, in consultation with subject matter experts, shall review the information and resources on the internet website to ensure that it is current and updated at reasonable intervals, but no less than once every six months. The internet website shall contain a feature to allow users to report erroneous or outdated information. The agency may consult with the Department of Justice as necessary.

(b) The internet website and informational materials created and distributed pursuant to this section shall be made available in a manner to ensure that they are accessible by all state residents. The internet website and informational materials shall be translated into Spanish, Chinese, Tagalog, Vietnamese, and Korean and in compliance with the Dymally-Alatorre Bilingual Services Act (Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code).

(c) Notwithstanding subdivision (a), the internet website established pursuant to this section shall not include the name or location of any individual who is a provider of gender-affirming services, as described in Section ~~1367.28,~~ 1367.28 of this code, Section 10133.14 of the Insurance Code, and Section 14197.09 of the Welfare and Institutions Code.

(d) For the purposes of this division, the following terms have the following meanings:

(1) “TGI” means transgender, gender diverse, or intersex.

(2) “Trans-inclusive health care” has the same meaning as provided in Section 14197.09 of the Welfare and Institutions Code.

(3) “Gender-affirming health care” and “gender-affirming mental health care” have the same meaning as provided in Section 16010.2 of the Welfare and Institutions Code.