A bill seeking to provide legal protections for providers of gender-affirming healthcare narrowly clears the House Health and Human Development Committee.
HB346 builds off a law passed in 2022 that provides legal protections to providers of contraceptive and abortion services - extending those same protections to providers of gender-affirming health care.
Its sponsor State Rep. DeShanna Neal says it was created in response to healthcare providers reaching out for guidance on working with out of state patients.
22 states, including Texas, have passed laws or policies that effectively ban LGBTQ+ youth from accessing gender affirming care.
Vienna Cavazos and their family moved to Delaware to regain access to gender-affirming care after it was banned in their home state.
“I’m a non-binary individual who left the state of Texas following a ban on gender affirming care for minors and prosecution for parents seeking gender affirming care for their children,” said Cavazos. “HB346 is very important as it provides protections to those who look like mine. Families that are a part of the wide range of peoples who live in Delaware, who come to Delaware and stay in Delaware.”
Many of those opposed to the bill focused on gender-affirming care in general, with some questioning whether these protections would endanger children.
“I think this bill is wrong,” said Representative Charles Postles. “When we’re talking about gender affirming healthcare, it involves a high-risk kind of care. Often involving young people that, agreed by both sides, are not fully developed. And yet they’re making life-changing, long changes that have consequences. I think particularly, in relation to a younger age, we need to be adults here and talk about what is good for the children, what is good for those receiving this healthcare.”
House Health and Human Development Committee Chair Kerri Evelyn Harris clarifies this legislation is for protecting providers for practicing within their scope of practice as allowed by Delaware, and does not affect how care is currently delivered.
“If you disagree with them being able to practice as it falls in line with Delaware law then you’re welcome to present a bill that changes that.”
Postles argues that there needs to be more accountability and opportunity for scrutiny in this kind of care, and that this bill provides the opposite of that.
Neal notes it does not change any laws regarding parental consent. Decisions to provide care to youth are still made in consultation with doctors and parents.
And in all cases, regardless of age, gender affirming surgery is only performed after a multi-year course of discussions with mental health providers and physicians.
“And they have to understand the implications, the outcomes, the side-effects, the complications - just as with any other care that we go through,” explained Neal. “When you get a surgery they have to tell you everything you need to know. And if you get a medicine they have to tell you everything you need to know. And that’s what our doctors are doing. That’s what our mental health providers are doing."
Along with protecting health care providers from out-of-state civil actions relating to their delivery of gender-affirming treatment legal in Delaware, the bill would also prohibit insurance companies from taking any adverse action against health care professionals who provide gender-affirming health care services.
The legislation draws support from agencies and organizations like United Way of Delaware, ChristianaCare, Planned Parenthood, and the Delaware Department of Insurance.
DOI Senior Policy Advisor Chris Haas says the bill would not affect the patients or provision of care, nor how insurance assessments would be carried out.
“This important protection from insurance discrimination will help our state to recruit and retain qualified providers,” said Haas.
The bill now heads to the House Floor.
