The new bill includes legal protections for providers, prganizations and patients, including out-of-state residents receiving gender-affirming care in Delaware. Photo by Tim Mossholder/Pexels.
A day after killing her first bill dealing with protections for medical professionals dealing with gender-affirming care, Rep. DeShanna Neal introduced a new version Wednesday.
The Elsmere/Newport representative’s House Bill 346 would expand protections for individuals seeking, receiving and providing gender-affirming health care.
Rep. DeShanna Neal
“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,” Neal said in a press release.
“When I fought for my daughter’s gender-affirming care, I promised that one day I would ensure all transgender people, whether from Delaware or not, would be able to get the gender-affirming care they need. With this legislation, I’m keeping that promise.”
One reason Neal filed the revamped bill is that a number of states across the country have enacted laws limiting access to this type of care, particularly for minors, even though many major medical organizationssupport gender-affirming care.
The new bill includes 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.
Gender bill details
Among them:
● Protects privacy during civil actions. HB 346 would protect communications and records concerning gender-affirming health care, with limited exceptions.
●Shields providers from civil actions. Those providing gender-affirming healthcare would be protected from civil actions in another state.
● Protects professional licensees. 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.
● Binds insurance companies. The legislation would also prohibit insurers from increasing premiums or taking adverse actions against providers and organizations for providing legal gender-affirming health care.
● Provides a cause of action. HB 346 would allow 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.
A number of states across the country have enacted laws limiting access to this type of care, particularly for minors, even though many major medical organizationssupport gender-affirming care.
HB 346 would not change or update any laws regarding parental consent.
“This legislation serves both as an affirmation of the belief that gender-affirming care is life-saving care, and as an assurance that Delaware lawmakers trust in our medical practitioners to use evidence-based practices to care for all patients,” said Sen. Kyle Evans Gay, Claymont/Talleyville. She is the Senate sponsor of HB 346.
RELATED STORY:Neal strikes gender-affirming care bill; will introduce new one“Not unlike bad-faith attempts to criminalize and limit abortion access, lawmakers across our nation are hell-bent on passing any kind of legislation that restricts bodily autonomy,” she said. “In Delaware, we stand with our patients and our providers — and we will always prioritize access to care.”
HB 346 has been assigned to the House Health and Human Development Committee. It is not scheduled to meet soon, according to the General Assembly website.
