Section 42 Affirming Health Care Trust Fund

Chapter 111 of the General Laws is hereby amended by inserting after section 2J the following section:-
Section 2K. (a) As used in this section, the term "gender-affirming health care services" shall, unless the context clearly requires otherwise, mean all supplies, care and services of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative or supportive nature relating to the treatment of gender dysphoria.
(b) There shall be established and set up on the books of the commonwealth a non-budgeted special revenue fund known as the Affirming Health Care Trust Fund. The fund shall be administered by the commissioner. The fund shall be credited with: (i) appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (ii) funds from public or private sources, including, but not limited to, gifts, grants, donations, rebates and settlements; (iii) interest earned on amounts in the fund; and (iv) any funds provided from other sources.
(c) Amounts credited to the fund shall be expended, without further appropriation, for gender-affirming health care services, including at institutions over which the commissioner has supervision and control pursuant to section 69E; provided, that the commissioner may also expend money in the fund to cover costs of medical malpractice liability and general liability insurance for health care providers involved in the provision of gender-affirming health care services and to support research relating to LGBTQ+ health promotion and gender-affirming health care services. The unexpended balance in the fund at the end of the fiscal year shall remain available for expenditure in subsequent fiscal years. No expenditure from the fund shall cause the fund to be in a deficit at any point.
(d) Annually, not later than October 1, the department shall report to the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on health care financing on the fund's activity. The report shall include, but shall not be limited to: (i) money received by the fund; (ii) anticipated amounts to be deposited into the fund for the forthcoming fiscal year; (iii) projections for expenditures in the forthcoming fiscal year; (iv) details of all expenditures from the fund; and (v) results from any research efforts supported by the fund.