This bill strengthens the state’s shield law. More specifically, it bars state agencies and employees from cooperating with federal and out-of-state investigations regarding the provision of reproductive health care legal in the state; creates a cause of action for persons against whom a judgment was entered in another state based upon that person allegedly providing, receiving, or helping another person to provide reproductive health care services; and prohibits an insurer from taking an adverse action against a health care provider or organization for performing or providing reproductive health care services that are lawful in Delaware. The law also expands the entire shield law to cover “all lawful health care services” in Delaware.

This bill requires public universities in Delaware to provide access to abortion medication and emergency contraception. The medication abortion and contraception must be provided on-site by schools whose health centers are qualified to do so, and for those who do not have appropriate staff, students must be offered telehealth appointments with providers and given space for those appointments.

This bill is a shield law that provides the same legal protections afforded providers of contraceptive and abortion services to providers of fertility treatment. More specifically, it clarifies that medical professionals who provide fertility treatment care cannot be disciplined for such services even if such services are illegal or considered to be unprofessional conduct or the unauthorized practice of medicine in another state; prohibits health care providers from disclosing communications and records concerning fertility treatment; protects health care providers from out-of-state civil actions relating to fertility treatment that is legal in Delaware; creates a cause of action for recouperation of out-of-state judgments relating to fertility treatment that is lawful in Delaware; and prohibits insurance companies from taking any adverse action against health care professionals who provide fertility treatment and services.

This bill requires Delaware Medicaid and private insurance plans to cover abortion care up to $750/year and prohibits co-pays and deductibles in most situations.

This bill expands existing coverage of the full range of contraceptive methods to include OTC emergency contraception.