HB346 – Protecting Gender Affirming Care

Rep. DeShanna Neal has filed a bill, House Bill 346, that would expand protections for individuals seeking, receiving, and providing gender-affirming health care. It would provide the same legal protections afforded providers of reproductive care services to providers of gender-affirming health care.

HB 346 includes myriad legal protections for providers, organizations, and patients, including out-of-state residents receiving gender-affirming care in Delaware. Gender-affirming care consists of an array of services that may include medical, surgical, counseling, and non-medical services for transgender and nonbinary people.

● Protects privacy during civil actions. HB 346 would protect communications and records concerning gender-affirming health care, with limited exceptions.

● Shields providers from civil actions. Under HB 346, those providing gender-affirming healthcare would be protected from civil actions in another state.

● Protects professional licensees. The bill clarifies that medical professionals who provide legal gender-affirming health services in Delaware are not subject to other states’ gender-affirming care provider regulations.

● Binds insurance companies. The legislation would also prohibit insurers from increasing premiums or taking adverse actions against providers and organizations for providing legal gender-affirming health care.

● Provides a cause of action. HB 346 would provide a cause of action where someone sued in another state for allegedly providing gender-affirming care services that are legal in Delaware can recover related costs, damages, or attorney fees.

Despite the fact that many major medical organizations support gender-affirming care, a number of states across the country have enacted laws limiting access to this type of care, particularly for minors.

HB 346 would not change or update any laws regarding parental consent.

HB346 – Protecting Gender Affirming Care	Currrent Status – House Health & Human Development 3/13/24
House Sponsors – Neal, Baumbach, Morrison, Romer	Senate Sponsors – Gay
House Yes Votes –	Senate Yes Votes –
House No Votes –	Senate No Votes –
House Absents or Not Voting –	Senate Absent or Not Voting –

“As a mother to two beautiful transgender daughters, I’ve witnessed firsthand the transformative impact of gender-affirming care. Beyond its manifold mental and physical health benefits, this care unquestionably saves lives,” said Rep. Neal.

“When I fought for my daughter’s gender-affirming care, I promised that one day I would ensure all transgender people, whether from Delaware or not, would be able to get the gender-affirming care they need. With this legislation, I’m keeping that promise.”

“This legislation serves both as an affirmation of the belief that gender-affirming care is life-saving care, and as an assurance that Delaware lawmakers trust in our medical practitioners to use evidence-based practices to care for all patients,” said Sen. Kyle Evans Gay, Senate sponsor of HB 346.

“Not unlike bad-faith attempts to criminalize and limit abortion access, lawmakers across our nation are hell-bent on passing any kind of legislation that restricts bodily autonomy. In Delaware, we stand with our patients and our providers — and we will always prioritize access to care.”