SB 923

Title: Gender-affirming care.
Author: Scott D. Wiener

SB 923, as introduced, Wiener. Gender-affirming care. (1) Existing law establishes the Transgender Wellness and Equity Fund, administered by the Office of Health Equity within the State Department of Public Health, for the purpose of grant funding focused on coordinating trans-inclusive health care for individuals who identify as transgender, gender nonconforming, or intersex (TGI).Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services through various health care delivery systems, including managed care. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.Existing law establishes the California Program of All-Inclusive Care for the Elderly (PACE program) to provide community-based, long-term care services for older individuals under the Medi-Cal State Plan. Under existing law, certain entities that exclusively serve PACE participants are exempt from licensure by the State Department of Public Health and are subject to oversight and regulation as PACE organizations by the State Department of Health Care Services.Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance.This bill would require a Medi-Cal managed care plan, a PACE organization, a health care service plan, or a health insurer, as specified, to require its staff and contracted providers to complete evidence-based cultural humility training for the purpose of providing trans-inclusive health care, as defined, for individuals who identify as TGI. The will would specify the required components of the training and would make use of any training curricula subject to approval by the respective departments. The bill would require an individual to complete a refresher course if a complaint has been filed against that individual for not providing trans-inclusive health care, or on a more frequent basis if deemed necessary.The bill would require the respective departments to develop and implement procedures, and would authorize them to impose sanctions, to ensure compliance with the above-described provisions. The bill would also require the plan, organization, or insurer to annually and publicly report certain information relating to compliance, monitoring, and any related complaints or grievances.Because a violation of these new requirements by a health care service plan would be a crime, the bill would impose a state-mandated local program.The bill would require the respective departments to implement these provisions without taking any regulatory action, and would require them to adopt regulations by July 1, 2024, providing semiannual status reports to the Legislature until regulations are adopted.(2) Existing law requires a health care service plan to publish and maintain a provider directory or directories and to make them publicly available on the plan’s internet website. Existing law requires a full-service health care service plan and a specialized mental health plan to include the area of specialty and other certain information in the provider directory or directories.This bill would require those plans, by July 31, 2023, to also include a list of in-network providers who offer and have provided gender-affirming services, as specified. The bill would require the public internet website of those plans to allow provider searches based on that specialty. Because a violation of these new requirements would be a crime under the Knox-Keene Health Care Service Plan Act of 1975, the bill would impose a state-mandated local program.(3) The California Constitution requires the state to reimburse local agenc

Introduced. Read first time. To Com. on RLS. for assignment. To print. 02/03/2022
From printer. May be acted upon on or after March 6. 02/04/2022

Bill Documents
SB 923 - 02/03/22 - Introduced
02/03/22 - SB 923 (Introduced)