DOVER – Immediately following the anniversary of the U.S. Supreme Court decision that stripped away Americans’ federally protected Constitutional right to an abortion, the Delaware Senate on Tuesday sent legislation to Governor John Carney that would substantially increase access to abortion care here in the First State.
Sponsored by House Majority Leader Melissa Minor-Brown and Sen. Kyle Evans Gay, House Bill 110 (S) would require most private health insurance plans, the state employee health insurance plan and Delaware’s Medicaid program to cover abortion-related services, starting on January 1, 2025.
“While red states across the country have blocked 1 in 3 American women of reproductive age from seeking an abortion in their home state, lawmakers here in Delaware are working to preserve and expand your right to choose,” said Sen. Gay, who chairs the Senate Judiciary Committee.
“By making sure more health insurance carriers cover abortion services, HB 110 will significantly lower the out-of-pocket cost for most Delawareans and eliminate one of the greatest hurdles we face when seeking an abortion,” she said. “Thank you to Rep. Minor-Brown for your leadership on this issue over the last two years and thank you to my colleagues in the Senate Democratic Caucus – more than half of whom are women – for consistently standing up for the rights of Delawareans to make decisions about their own bodies and their own healthcare.”
In addition to expanding health insurance coverage for abortion services, HB 110 (S) also would prevent most health insurance plans from charging copays, applying deductibles, or imposing any other cost-sharing requirements on their coverage of abortion services.
Under HB 110 (S), coverage would be capped at $750 per person per year, which would cover the cost of most abortion services performed in Delaware.
The bill also includes an exemption for churches and other religious employers to seek a waiver from the coverage requirement.
If signed into law by Governor Carney, HB 110 (S) would add Delaware to a list of 10 states that currently require private health insurance plans to cover abortion care, including Maryland, New Jersey and New York. At least 17 states currently cover abortion services for people enrolled in Medicaid.
“Abortion is healthcare, and it is recognized as such here in Delaware. Yet the financial constraints and stigma associated with abortion services act as enormous barriers to actually accessing them,” Rep. Minor-Brown said. “Delawareans deserve to be empowered by their ability to make a healthcare choice that will best serve them. They should not be forced to struggle during a time when they are vulnerable and seeking help. By requiring insurance carriers to cover abortion services, HB 110 will act as another step in ensuring equitable access to healthcare.”
Passage of HB 110 (S) continues the Delaware General Assembly’s work to protect access to abortion care before and after the U.S. Supreme Court handed down its 2022 ruling in the Dobbs v. Jackson Women’s Health Organization that gave individual states the power to regulate any aspect of abortion not protected by federal law.
That includes passage of legislation in 2017 that codified the protections of Roe v. Wade in Delaware law, along with legislation that expanded the number of medical professionals who can provide abortions and prescribe medication for the termination of a pregnancy, as well as provide legal protection to abortion providers and out-of-state residents seeking or receiving reproductive health care services in Delaware.
Sen. Gay this year also sponsored two bills to further strengthen reproductive health care in the First State. Senate Bill 301 would require colleges and universities in Delaware with student health centers to offer emergency contraception and to facilitate care for students seeking medication abortion. Senate Bill 300 would require some crisis pregnancy centers to post signage and add disclaimers to their marketing that clearly states their facility is not licensed by the State of Delaware and employs no licensed medical provider.
Both bills are currently pending on the House Ready List.
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