Health & Saf. Code, § 120956

(a) The AIDS Drug Assistance Program Rebate Fund is hereby created as a special fund in the State Treasury.

(b) All rebates collected from drug manufacturers on drugs purchased through the AIDS Drugs Assistance Program (ADAP) implemented pursuant to this chapter and, notwithstanding Section 16305.7 of the Government Code, interest earned on these moneys shall be deposited in the fund exclusively to cover costs related to any of the following:

(1) The purchase of drugs and services provided through ADAP and the HIV prevention programs as described in this chapter and in Sections 120972, 120972.1, and 120972.2.

(2) Services related to HIV prevention and care and treatment for individuals living with HIV provided through the programs funded by the Two-Spirit, Transgender, Gender Nonconforming, and Intersex (2TGI) Wellness and Equity Fund as described in Section 150900, to the extent that funds are available for these purposes.

(3) State and local public health department disease intervention and investigation activities and services, as determined by the State Department of Public Health, to the extent that funds are available for these purposes, for any of the following purposes:

(A) HIV.

(B) Sexually transmitted infections.

(C) Hepatitis C.

(D) Mpox.

(E) Other communicable diseases transmitted via sexual or intimate physical contact.

(4) To the extent that funding is available, housing support for individuals living with HIV who are eligible for the Housing Opportunities for Persons with AIDS program based on income and HIV status, but are otherwise ineligible for the program, and are current residents of California.

(5) To the extent that funding is available, services authorized under Part A or B of the Ryan White HIV/AIDS Program.

(6) California Overdose Prevention and Harm Reduction Initiative services and activities, to the extent that funds are available for these purposes.

(c) Notwithstanding Section 13340 of the Government Code, moneys in the fund are continuously appropriated without regard to fiscal year to State Department of Public Health and available for expenditure for those purposes specified under this section.

(d) The department may, in consultation with the Department of Finance, use an alternative local fiscal agent, if necessary, to implement this section.