DelawareHB 205 w/ HA 1, HA 2153rd General Assembly (2024–2026)HouseWALLET

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

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Bill Overview

Analyzed Economic Effects

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

Right to recoup out‑of‑state judgments

If an out‑of‑state court enters a judgment against you for providing, helping with, or receiving healthcare that is legal in Delaware, you can sue in Delaware to recover. You can seek the judgment amount, costs, and reasonable attorneys’ fees. This does not cover claims by the patient for their own injuries, certain contract claims with a Delaware match, or cases with no Delaware acts.

Defines covered health and reproductive care

The law defines what counts as health care in Delaware. It includes primary care, mental health, surgery, prescriptions, and reproductive health services. Reproductive health services include abortion, pregnancy termination, FDA‑approved emergency contraception, pregnancy‑related care, and fertility treatment. These definitions guide how multiple Delaware laws apply.

Doctors, physician assistants, and nurses shielded from discipline

Delaware licensing boards cannot call lawful care unprofessional. This covers doctors, physician assistants, and nurses. It applies even if the patient lives in a state where the service is illegal. The rule only protects services that are lawful in Delaware.

Malpractice insurers can’t punish lawful care

Professional liability insurers cannot raise premiums or take adverse action just because you provide care that is legal in Delaware. This includes prescribing medication abortion by telehealth to out‑of‑state patients. Insurers can still act for other valid risk reasons.

Privacy shield and no help to other states

Providers cannot disclose health exam information in civil cases without written permission. There are narrow exceptions for a patient who sues, licensing board requests tied to that complaint, and some abuse investigations. Those exceptions do not allow probes of care that is legal in Delaware but illegal elsewhere. Delaware courts and officials do not apply or help enforce other states’ civil laws against care legal here, unless the acts are crimes in Delaware. State and local workers generally cannot aid out‑of‑state or private investigations into care that would be lawful in Delaware, unless federal law requires it.

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