DOVER – On Friday, HS 2 for HB 110 Prime Sponsor Rep. Melissa Minor-Brown and Senate Sponsor Senator Kyle Evans Gay were joined by elected officials, representatives from state agencies, healthcare providers, and advocates to formally recognize the legislation becoming law.
HB 110 was signed into law by Governor John Carney on September 9th, 2024, and requires all health benefit plans delivered or issued for Medicaid, private health insurance plans, and state employee insurance plans to cover services related to the termination of pregnancy.
In June 2022, the Supreme Court officially reversed Roe v. Wade, making a sweeping declaration that the constitutional right to abortion that was upheld for nearly a half century no longer existed.
While Delaware was not directly affected by this, having codified the right to abortion in 2017, 13 states now have a total ban on abortion in place, and 24 states have moderate to severe restrictions around abortion care.
Since 2022, multiple pieces of legislation focused on protecting and enhancing access to reproductive healthcare have been signed into law. These include laws establishing protections for abortion care providers and providers of fertility treatments and out-of-state residents seeking or receiving those services in Delaware, and expanding the field of qualified medical professionals who can perform abortions.
With the enactment of HB 110, Delaware has now established itself as a protective state for reproductive healthcare.
“Women across the nation are dying and facing extreme health challenges due to lack of access to abortions, which is globally recognized as an essential healthcare service. When Roe v Wade was overturned, we were not only faced with this reality, but also the reality that the United States as a whole does not believe women should have the right to choose,” said Rep. Minor-Brown.
“Since 2017 when we codified the right to an abortion, Delaware has stood firmly in favor of allowing women to make the healthcare choices best meet their needs. HB 110 finally gives them the tools to do so by removing the financial barriers surrounding abortion services. This is a win for Delawareans, and this is a win for women across the nation.”
Planned Parenthood of Delaware provides a variety of confidential, high quality reproductive health services, including abortion services. In 2022, the average number of abortions performed by Planned Parenthood of Delaware clinicians was 162 per month, in 2023 that number rose to an average of 185 per month.
In their last fiscal year, 24% of their total patient population were Medicaid recipients, and only 35% had commercial insurance. 41% of patients utilized Planned Parenthood’s self-pay system to access care due to being under- or uninsured. Of those self-pay patients, 50% reported incomes below 250% of the Federal Poverty Level – many of which would have qualified for Medicaid coverage.
“HB 110’s signage is a resounding declaration that Delaware’s leaders not only take a stand for bodily autonomy but do so with equity as a guiding principle. The Dobbs decision was the culmination of decades worth of planning, and we know that it has always been about controlling our bodies and our futures, all the while disproportionately impacting women of color and those with limited financial means,” said April Thomas-Jones, President & CEO of Planned Parenthood of Delaware.
“I am overwhelmed with gratitude for the champions behind HB110 for affirming that abortion is healthcare and should be covered like any other medical procedure under Medicaid, private, and state insurance plans. At Planned Parenthood of Delaware, we will continue to advocate for policies that diminish abortion stigma, build bridges for access, and cement Delaware as a safe haven for those seeking care.”
Two other pieces of legislation surrounding abortion care were signed into law last month: SB 300, which requires 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 providers, and SB 301, which requires colleges and universities in Delaware with student health centers to offer medication for the termination of pregnancy and emergency contraception, starting on July 1, 2025.
“I am proud to be part of a legislature that has made significant strides to broaden protections for reproductive healthcare, ensuring that abortion remains safe and legal in Delaware. These efforts will have a greater impact, as House Bill 110 addresses one of the largest barriers to abortion access in our state,” said Sen. Kyle Evans Gay, the lead Senate sponsor on HB 110
“As we witness ongoing attacks against reproductive healthcare nationwide in a post-Roe Era, Delaware is unwavering in the assertion that abortion is healthcare. I look forward to implementation of this crucial policy, which will further reduce inequity in our state’s healthcare system. Thank you to Rep. Minor-Brown for your partnership and leadership on this legislation, as we continue to work together to achieve reproductive justice for all Delawareans.”
The legislation will take effect for Medicaid and the state employee health plans January 1st, 2025. For group and individual insurers, the legislation will take effect after December 31, 2025.
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