DelawareHB 205153rd General Assembly (2024–2026)House

AN ACT TO AMEND TITLES 10, 11, 18, 24, AND 29 OF THE DELAWARE CODE RELATING TO HEALTHCARE SERVICES.

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

Bill Overview

Analyzed Economic Effects

5 provisions identified: 5 benefits, 0 costs, 0 mixed.

Recovery rights after outside healthcare judgments

People facing another state's judgment over Delaware-lawful healthcare gain a right to seek damages from those bringing or enforcing the case. This covers providing, receiving, assisting with, or supporting that care when it forms at least part of the judgment's basis. Recovery includes damages from the case or judgment, including the judgment amount sought for enforcement, plus qualifying costs and reasonable attorney fees. Exceptions cover specified patient claims, qualifying contract claims, and claims arising under similar Delaware law. Recovery is unavailable when none of the acts underlying the judgment occurred in Delaware.

Stronger privacy for patients' healthcare records

Providers generally cannot disclose healthcare messages or exam information in civil cases without written permission. Permission can come from the patient, guardian, or legal representative. Exceptions cover specified patient-filed healthcare negligence cases, licensing-board complaint investigations, and abuse investigations. The licensing and abuse exceptions do not allow disclosure for provider investigations targeting care lawful in Delaware but banned elsewhere. Ordinary record sharing among treating providers remains allowed.

Delaware limits outside enforcement against healthcare

Delaware courts cannot apply covered out-of-state civil laws targeting care lawful in Delaware, including abortion and fertility treatment. The protection also covers helping with, attempting, or intending the covered conduct, and blocks related demands for information or testimony. For covered legal demands tied to outside criminal investigations or prosecutions, the underlying acts must also be crimes in Delaware. State and local workers cannot give covered investigators information or help about care lawful if provided entirely in Delaware. This assistance ban covers specified law-enforcement agencies, private citizens, and similar groups, unless federal law requires cooperation.

Delaware providers gain protection from discipline

The law defines covered healthcare broadly, including medical care, mental health care, prescriptions, and reproductive care. Reproductive care includes abortion, pregnancy termination, FDA-standard emergency contraception, pregnancy services, and fertility treatment. Providers must be authorized to practice in Delaware and stay within that authority. Delaware medical, physician-assistant, and nursing regulators cannot discipline providers merely because another state bans care given to its residents. This protects performing, recommending, or providing care lawful in Delaware; Delaware's own professional standards still apply.

Providers protected from liability insurance penalties

Professional liability insurers cannot penalize health professionals or organizations for providing or helping provide Delaware-lawful care to out-of-state patients. Banned penalties include higher premiums, denied coverage, cancellation, and refusal to renew. The protection expressly includes medical professionals prescribing abortion medication by telehealth to out-of-state patients. It applies to penalties based on providing that care, not every insurance decision.

Sponsors & Cosponsors

Sponsor

Cyndie Romer
Democratic • House

Cosponsors

Stephanie T. Bolden
Democratic • House
Mara Gorman
Democratic • House
Russell Huxtable
Democratic • Senate
Melissa Minor-Brown
Democratic • House
Eric Morrison
Democratic • House
Josue O Ortega
Democratic • House
Edward S. Osienski
Democratic • House
Ray Seigfried
Democratic • Senate
Claire Snyder-Hall
Democratic • House
David P. Sokola
Democratic • Senate
Bryan Townsend
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 44 • No: 17

Senate vote • 6/30/2025

Passed (SM required)

Yes: 15 • No: 6

House vote • 6/17/2025