DOVER, Del.- Delaware's House Health and Human Development Committee released legislation Wednesday that would expand protections for individuals seeking, receiving, and providing gender-affirming health care.
Sponsored by Rep. DeShanna Neal, House Bill 346 would provide the same legal protections afforded providers of reproductive care services to providers of gender-affirming health care.
“As a mother to two beautiful transgender daughters, I've witnessed firsthand the transformative impact of gender-affirming care. Beyond its manifold mental and physical health benefits, this care unquestionably saves lives,” said Rep. Neal.
HB 346 includes myriad legal protections for providers, organizations, and patients, including out-of-state residents receiving gender-affirming care in Delaware.
Gender-affirming care consists of an array of services that may include medical, surgical, counseling, and non-medical services for transgender and nonbinary people.
The issue has raised concern among some Delaware Republicans, including Senator Bryant Richardson.
"I see two red flags concerning gender-affirming care. The first is what is seen as the need to protect medical professionals who provide such treatments. Why, if the treatments do not pose a risk to children?," he wrote of gender-affirming care in a February newsletter. "The second is that parents are seen as an obstacle in the process of a medical professional providing these services."
Sponsors say HB 346 would not change or update any laws regarding parental consent.
A controversial bill introduced last year that expanded gender-affirming care protections was stricken two weeks ago. This new bill's specifics are listed as follows:
- HB 346 would protect communications and records concerning gender-affirming health care, with limited exceptions.
- Under HB 346, medical professionals providing gender-affirming healthcare would be protected from civil actions in another state.
- The bill clarifies that medical professionals who provide legal gender-affirming health services in Delaware are not subject to other states’ gender-affirming care provider regulations.
- The legislation would also prohibit insurers from increasing premiums or taking adverse actions against providers and organizations for providing legal gender-affirming health care.
- HB 346 would provide a cause of action where someone sued in another state for allegedly providing gender-affirming care services that are legal in Delaware can recover related costs, damages, or attorney fees.
The bill is now on the "Ready List" for the house, meaning it is available to be placed on an agenda for its third and final reading.