Cal. HSC § 150900 — California Code / Code hsc / Division 119 / Section 150900
Section 150900
Status: in_force

(a) The Two-Spirit, Transgender, Gender Nonconforming, and Intersex (2TGI) Wellness and Equity Fund is established in the State Treasury.

(b) The State Department of Public Health shall administer the 2TGI Wellness and Equity Fund for purposes of funding grants to create programs, or funding existing programs, focused on coordinating trans-inclusive health care for individuals who identify as Two-Spirit, transgender, gender nonconforming, or intersex.

(c) Upon appropriation by the Legislature, moneys in the 2TGI Wellness and Equity Fund may be used to fund grants for the following purposes:

(1) The grants shall be available to 2TGI-serving organizations for the purpose of increasing the capacity of health care professionals to effectively provide 2TGI health care and institute 2TGI-inclusive best practices. This includes, but is not limited to, cultural responsiveness training, the creation of educational materials, or the facilitation of capacity-building trainings.

(2) The grants shall be available to 2TGI-serving organizations for the purpose of facilitating evidence-based therapeutic arts programs.

(3) The grants shall be available to 2TGI-serving organizations for purposes of assisting, identifying, and referring 2TGI people to access supportive housing. This includes case management opportunities, financial assistance, and assisting 2TGI people in receiving and utilizing housing vouchers. If a 2TGI-serving organization has already implemented a 2TGI-specific housing program, funding may be utilized to maintain or expand existing housing programs.

(4) The grants shall be available to a hospital, health care clinic, or other medical provider that currently provides gender-affirming health care services, such as hormone therapy or gender reassignment surgery, to continue providing those services, or to a hospital, health care clinic, or other medical provider that will establish a program that offers gender-affirming health care services and has an established relationship with a 2TGI-serving organization that will lead in establishing the program.

(5) The grants shall be available to 2TGI-serving organizations for the purpose of providing workforce development training for 2TGI individuals.

(6) The grants shall be available to 2TGI-serving organizations for the purpose of providing resettlement and social integration programs for 2TGI asylees and immigrants.

(7) The grants shall be available to 2TGI-serving organizations for the purpose of providing diversion programs for, and outreach to, transitional-age 2TGI youth.

(d) (1) A hospital, health care clinic, or other medical provider that applies for a grant must apply in partnership with a 2TGI-serving organization and consult with the 2TGI-serving organization throughout the process of creating and implementing its trans-inclusive health care program.

(2) An organization that serves tribal populations is also eligible to be awarded a grant for any of the purposes described in subdivision (c) if that organization applies in partnership with a 2TGI-serving organization, as defined in paragraph (8) of subdivision (f).

(e) This section does not limit or impact payer coverage requirements of health care or other social services.

(f) For purposes of this section, the following definitions apply:

(1) “Health care” means any of the following:

(A) Medical, behavioral health, and spiritual care, which includes, but is not limited to, guided meditation and nondenominational therapy.

(B) Evidence-based therapeutic arts programs.

(C) Services related to substance use disorder or substance abuse.

(D) Supportive housing as a mechanism to support 2TGI-identified individuals in accessing other social services.

(E) Mental health services.

(2) “TGI-serving organization” means either of the following:

(A) A public or nonprofit organization with a mission statement that centers around serving transgender, gender nonconforming, and intersex people, and where at least 65 percent of the clients of the organization are TGI.

(B) A nonprofit that serves as the fiscal agent or sponsor for an organization described in subparagraph (A). A nonprofit that is serving as a fiscal agent or sponsor shall pass all funding to the organization, but may charge a reasonable or industry standard fee for administrative costs of not more than 16 percent.

(3) “Transgender” is broad and inclusive of all gender identities different from the gender that a person was assigned at birth.

(4) “Gender nonconforming” is an inclusive term used to describe individuals who may experience a gender that is neither exclusively male nor female or is in between or beyond both of those genders, including, but not limited to, nonbinary, gender fluid, agender or without gender, third gender, genderqueer, gender variant, Hijra, Kathoey, Mak nyah, Muxe, Waria, Māhū, and Fa’afafine.

(5) “Intersex” is an umbrella term referring to people whose anatomy, hormones, or chromosomes fall outside the strict male and female binary.

(6) “Two-Spirit” is a term referring to unique indigenous cultural roles that intersect with diverse sexual orientations and gender embodiments.

(7) “Transitional-age 2TGI youth” means youth between 16 to 26 years of age, inclusive, who are transgender, gender nonconforming, intersex, or Two-Spirit.

(8) “2TGI-serving organization” means a TGI-serving organization, as defined in paragraph (2), that also applies to Two-Spirit people, as follows:

(A) The public or nonprofit organization’s mission statement centers around serving Two-Spirit, transgender, gender nonconforming, or intersex people, or any combination thereof, and at least 65 percent of the clients of the organization are 2TGI.

(B) The nonprofit described in subparagraph (B) of paragraph (2) serves as the fiscal agent or sponsor for an organization described in subparagraph (A) of this paragraph, and follows the other criteria described in subparagraph (B) of paragraph (2), as applicable to this paragraph.