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Delaware Senate Democrats

Delaware Senate sends four bills to Governor John Carney to expand, protect healthcare services for women and infants

June 18, 2024

DOVER – More Delaware women and infants will soon benefit from a wider array of affordable and potentially life-saving healthcare services thanks to a slate of bills that the Delaware Senate sent to Governor John Carney on Tuesday.

Two of the bills passed by the Senate on Tuesday will help protect access to the fertility treatments and breast cancer screenings that thousands of Delawareans currently depend on.

Two others will provide additional support to new parents as part of the General Assembly’s ongoing work to help more infants in Delaware successfully reach their first birthday.

“While healthcare for women and children are under attack across the country, lawmakers here in Delaware are working together to expand and protect access to healthcare services that we know are absolutely vital for the health and safety of our communities,” Senate Majority Whip Elizabeth “Tizzy” Lockman said.

“To me it’s no coincidence that we are making strides in protecting healthcare for women and infants at a time when the Delaware General Assembly has more women – and more Black women – than ever before,” she said. “I want to thank all of the strong, passionate female leaders who worked hard to advance these policy changes and break down the barriers that have threatened the health and well-being of families across our state for far too long.”

Protections for fertility treatment providers

Sponsored by Rep. Kendra Johnson and Sen. Nicole Poore in April, House Bill 374 would codify legal protections for fertility treatment providers in the First State to help protect Delawareans’ access to in-vitro fertilization (IVF) and other assisted reproductive health treatments.

After the 2022 U.S. Supreme Court decision that struck down federal abortion protections, more than a dozen states passed or attempted to pass laws extending legal rights to embryos created through IVF, essentially treating them as children in the eyes of the law. Those actions have virtually eliminated access to IVF treatments in several states and raised legal questions for providers nationwide.

HB 374 would give Delaware fertility treatment providers the same legal protections afforded to providers of contraceptive and abortion services in the First State, including safeguards pertaining to medical privacy, professional licensing, insurance coverage and legal actions initiated in other states. 

“As a mom who experienced infertility, I am absolutely committed to preserving IVF and other fertility treatments as safe and effective options for Delaware families,” said Sen. Poore, vice-chair of the Senate Health & Social Services Committee. “I want to thank my Senate colleagues for voting today to protect access to fertility treatments and protect the rights of Delaware families.”

Expanded doula coverage

Sponsored by House Majority Leader Melissa Minor-Brown and Sen. Lockman in March, House Bill 345 would help to provide the families most vulnerable to pregnancy-related complications and health disparities with enhanced access to doula services.

Doulas are trained, non-clinical professionals who provide positive, nurturing support to parents and infants. Studies have shown that the use of a doula during pregnancy reduces maternal mortality and maternal complications. 

The legislation builds on the success of a bill passed by Rep. Minor-Brown in 2023 that requires Medicaid to cover three prenatal and three postpartum doula visits, along with doula coverage through labor and birth, starting on Jan. 1, 2024. HB 345 will require Medicaid to cover additional postpartum doula visits, if recommended by a licensed medical practitioner or clinician. 

“Doula support during pregnancy, childbirth, and the postpartum period has been shown to reduce pregnancy-related mortality and improve overall maternal and infant health,” Rep. Minor-Brown said. “With the passage of HB 345, we’ve taken another critical step to promote health equity by ensuring every parent who wants to use a doula will have access to one. I want to thank my colleagues in the Senate for recognizing the importance of ongoing support and care for new parents during the critical postpartum period.”

Childhood allergy resistance

Sponsored by Rep. Kim Williams and Sen. Laura Sturgeon in January, House Bill 274 would help Delaware families reduce the risk that their infants develop allergies to peanuts and eggs as they grow older.

Roughly 2-5% of children currently suffer from an allergy to those common foods, which can lead to potentially life-threatening reactions without medical intervention. Medical providers now suggest that infants regularly consume peanut and egg proteins between the ages of 6 and 12 months to reduce their risk of developing allergies to those foods later in life.

HB 274 requires all health insurance plans, including Medicaid, to cover the cost of peanut and egg allergen supplements, starting on Jan. 1, 2025.

“Food allergies not only create unnecessary risks to the life of young children, but they often also are the source of stigmas and misunderstandings that children can carry with them well into adulthood,” said Sen. Sturgeon, chair of the Senate Education Committee. “Providing these supplements to the families of young children can help to improve the physical and mental health of our children.” 

Mammograms for inmates

Sponsored by Rep. DeShanna Neal and Sen. Marie Pinkney in February, House Bill 313 would codify the existing practice of providing annual or biennial mammograms to all female inmates in Department of Correction custody Level IV or V based on each person’s risk factor as determined in consultation with a healthcare practitioner.

HB 313 will help protect life-saving breast cancer screenings from being denied to people incarcerated in Delaware prisons while ensuring any new guidance from the U.S. Preventive Services Task Force can be quickly adopted by the Department of Correction and its contracted healthcare service provider.

“Delaware has one of the highest incidence rates of breast cancer in the nation while breast cancer remains the second leading cause of cancer death in the United States,” said Sen. Marie Pinkney, chair of the Senate Corrections & Public Safety Committee. “No conviction should become a death sentence, and I want to thank my colleagues in the Senate for voting today to make sure people in state custody can continue to access preventive screenings while paying their debt to society.”

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