Text of VT H 576 (2026)

BILL AS INTRODUCED H.576 2026 Page 1 of 8 VT LEG #386261 v.1 H.576 1 Introduced by Representatives Berbeco of Winooski, Bluemle of Burlington, 2 and Headrick of Burlington 3 Referred to Committee on 4 Date: 5 Subject: Executive; State Treasurer; gender-affirming health care services; 6 Affirming Health Care Trust Fund 7 Statement of purpose of bill as introduced: This bill proposes to establish the 8 Affirming Health Care Trust Fund, to be administered by the State Treasurer, 9 to provide monetary awards to cover costs associated with receiving and 10 providing gender-affirming health care services. 11 An act relating to establishing the Affirming Health Care Trust Fund for 12 costs related to gender-affirming health care services 13 It is hereby enacted by the General Assembly of the State of Vermont: 14 Sec. 1. 3 V.S.A. chapter 18A is added to read: 15 CHAPTER 18A. AFFIRMING HEALTH CARE TRUST FUND 16 § 551. DEFINITIONS 17 As used in this chapter: 18 (1)(A) “Gender-affirming health care services” means all supplies, care, 19 and services of a medical, behavioral health, mental health, surgical, 20 BILL AS INTRODUCED H.576 2026 Page 2 of 8 VT LEG #386261 v.1 psychiatric, therapeutic, diagnostic, preventative, rehabilitative, or supportive 1 nature, including medication, designed to support and affirm an individual’s 2 gender identity. 3 (B) “Gender-affirming health care services” does not include: 4 (i) conversion therapy as defined by 18 V.S.A. § 8351; or 5 (ii) surgical interventions on minors who have variations in their 6 sex characteristics if they have not personally sought and initiated such 7 treatment. 8 (2) “Health care provider” means an individual, partnership, 9 corporation, facility, or institution licensed, certified, or otherwise authorized 10 by law to provide professional health care services in this State to an individual 11 during that individual’s medical care, treatment, or confinement. 12 (3) “Health care services” means services for the diagnosis, prevention, 13 treatment, cure, or relief of a physical or mental health condition, including 14 counseling, procedures, products, devices, and medications. 15 (4) “Health information” means any information that relates to the past, 16 present, or future physician or mental health or condition of an individual; the 17 provision of health care services to an individual; or the past, present, or future 18 payment for the provision of health care services to an individual. 19 (5) “Nonprofit organization” means an organization with tax-exempt 20 status under 26 U.S.C. § 501(c)(3). 21 BILL AS INTRODUCED H.576 2026 Page 3 of 8 VT LEG #386261 v.1 (6) “Patient-identifiable data” means any information, including health 1 information, that identifies or may reasonably be used as a basis to identify an 2 individual patient. 3 § 552. AFFIRMING HEALTH CARE TRUST FUND PROGRAM 4 (a) There is created the Affirming Health Care Trust Fund Program to 5 provide monetary awards to pay for and support access to gender-affirming 6 health care services. 7 (b) The Affirming Health Care Trust Fund Program is authorized to 8 provide monetary awards directly to: 9 (1) health care providers who provide or are seeking to provide gender- 10 affirming health care services in Vermont; and 11 (2) nonprofit organizations whose missions include increasing access to 12 gender-affirming health care services in Vermont. 13 (c) Monetary awards shall be used: 14 (1) to pay for costs associated with providing and receiving gender- 15 affirming health care services, including: 16 (A) support for providers of gender-affirming health care services 17 and relevant nonprofit organizations in order to increase access to gender- 18 affirming health care services; 19 (B) paying for care that would otherwise be uncompensated; 20 BILL AS INTRODUCED H.576 2026 Page 4 of 8 VT LEG #386261 v.1 (C) addressing the support needs of individuals seeking care; and 1 (D) reducing disparities in access to gender-affirming health care 2 services by geography, income, race, disability, age, and other factors; 3 (2) for capital costs associated with establishing and operating Vermont- 4 based health care clinics to provide gender-affirming health care services; and 5 (3) for the costs of medical malpractice liability and general liability 6 insurance for health care providers involved in providing gender-affirming 7 health care services. 8 (d) The unexpended balance in the Fund at the end of the fiscal year shall 9 remain available for expenditure in future fiscal years. No sums shall be 10 expended from the Fund that would cause the Fund to be in a deficit at any 11 time. 12 (e) The monetary award process shall not require the collection or retention 13 of any patient-identifiable data. 14 (f) The Treasurer may make and enter into contracts, agreements, 15 memoranda of understanding, partnerships, and other arrangements to 16 collaborate, cooperate, coordinate, contract, or combine resources with other 17 governmental entities, including other states and their agencies and 18 instrumentalities, to pay for gender-affirming health care services through the 19 Affirming Health Care Trust Fund Program or a similar program. 20 BILL AS INTRODUCED H.576 2026 Page 5 of 8 VT LEG #386261 v.1 (g)(1) Nothing in this section shall be construed to permit the Office of the 1 Treasurer, the Affirming Health Care Trust Fund Board, or any other State 2 actor to disclose patient-identifiable data, the identity of health care providers 3 who provide gender-affirming health care services, or the identity of award 4 applicants or recipients, including nonprofit organizations, to the federal 5 government, to the government of another state or instrumentality of a state, or 6 to any other public or private person for any purpose other than facilitating 7 monetary awards through the Affirming Health Care Trust Fund Program or a 8 similar program for the purposes set forth in subsection (c) of this section. 9 (2) Under no circumstances shall patient-identifiable data, the identity of 10 health care providers who provide gender-affirming health care services, or the 11 identity of award applicants or recipients, including nonprofit organizations, be 12 provided to any person for the purpose of engaging in abusive litigation as 13 defined in 12 V.S.A. § 7301. 14 § 553. AFFIRMING HEALTH CARE TRUST FUND 15 (a) There is established the Affirming Health Care Trust Fund as a special 16 fund pursuant to 32 V.S.A. chapter 7, subchapter 5, to be administered by the 17 Treasurer. The purpose of the Fund is to provide funds for and support the 18 administration of the Affirming Health Care Trust Fund Program established in 19 this chapter. 20 BILL AS INTRODUCED H.576 2026 Page 6 of 8 VT LEG #386261 v.1 (b) The Fund may receive State appropriations, gifts, grants, federal funds, 1 and funds from any other public or private source. Monies from the Fund may 2 be expended for monetary awards and for administrative and related purposes. 3 (c)(1) Notwithstanding any provision of 32 V.S.A. chapter 7, subchapter 5 4 to the contrary, interest earned by the Fund shall remain in the Fund. 5 (2) The Treasurer’s annual financial report to the Governor and the 6 General Assembly shall contain an accounting of the receipts, disbursements, 7 and earnings of the Fund; provided, however, that disbursement information 8 shall not be reported in a manner that allows for the identification of any 9 specific patient, health care provider, or nonprofit organization. 10 (3) Patient-identifiable data and information relating to the identity of 11 applicants and award recipients is exempt from public inspection and copying 12 under the Public Records Act and shall be kept confidential. 13 § 554. AFFIRMING HEALTH CARE TRUST FUND BOARD 14 (a) The Affirming Health Care Trust Fund shall be overseen by the 15 Affirming Health Care Trust Fund Board, which shall be composed of nine 16 members as follows: 17 (1) The State Treasurer or designee, who shall serve as chair. 18 (2) A member, appointed by the Commissioner of Vermont Health 19 Access. 20 BILL AS INTRODUCED H.576 2026 Page 7 of 8 VT LEG #386261 v.1 (3) A member, appointed by the American Civil Liberties Union 1 Foundation of Vermont, who shall be an individual who has received gender- 2 affirming health care services. 3 (4) A member, appointed by the Vermont Medical Society, who shall be 4 a health care provider with experience providing gender-affirming health care 5 services to adults. 6 (5) A member, appointed by the American Academy of Pediatrics 7 Vermont Chapter, who shall be a health care provider with experience 8 providing gender-affirming health care services to minors. 9 (6) Four members, appointed by one or more organizations selected by 10 the State Treasurer whose missions include increasing access to gender- 11 affirming health care services in Vermont, who shall be individuals who have 12 received gender-affirming health care services or who are parents or guardians 13 who have navigated access to gender-affirming health care services for their 14 children. 15 (b) The Board shall adopt policies and procedures for the allocation of 16 monies from the Fund in accordance with this chapter, including policies and 17 procedures regarding: 18 (1) applying for an allocation from the Fund; 19 (2) determinations of eligibility of a patient, health care provider, or 20 nonprofit organization to receive an allocation from the Fund; 21 BILL AS INTRODUCED H.576 2026 Page 8 of 8 VT LEG #386261 v.1 (3) determinations of eligibility of a cost or expense for reimbursement 1 under this chapter; 2 (4) considerations of need, including financial need; 3 (5) coordination with any other states or with a national or regional 4 network created for a similar purpose, including the acceptance of funding 5 transferred for use by the Affirming Health Care Trust Fund Program; 6 (6) a schedule for regular meetings; and 7 (7) a conflict of interest policy to address situations in which Board 8 members may be affiliated with applicants for or recipients of awards from the 9 Fund. 10 (c) The Office of the Treasurer, in consultation with the Agency of Human 11 Services, shall provide administrative and technical support to the Board. 12 (d) Members of the Board shall be entitled to per diem compensation and 13 reimbursement of expenses as permitted under 32 V.S.A. § 1010 for meetings 14 of the Board, to the extent that funds are appropriated for this purpose. 15 (e) The Chair shall call the first meeting of the Board to occur on or before 16 August 1, 2026. 17 Sec. 2. EFFECTIVE DATE 18 This act shall take effect on passage. 19