House Bill 230: Trans Refuge Bill

House Bill 230 was introduced in the Delaware State Legislature on June 15th by representative DeShanna Neal. The Bill would:

  • Clarifies that medical professionals who provide gender-affirming health 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, so long as such services are lawful in this State;
  • Prohibits health care providers from disclosing communications and records concerning gender-affirming health care without the patient’s authorization, with some exceptions;
  • Protects health care providers from out-of-state civil actions relating to gender-affirming health care treatment that is legal in Delaware, including the issuance of a summons or the enforcement of subpoenas relating to such cases;
  • Creates a cause of action for recouperation of out-of-state judgments relating to gender-affirming services that are lawful in Delaware; and
  • Prohibits insurance companies from taking any adverse action against health care professionals who provide gender-affirming health care services.

Additional sponsors of the bill are Senator Kyle Evans Gay, Senator Sarah McBride, Rep. Valerie Longhurst, Rep. Eric Morrison, and Rep. Debra Heffernan. Rep. Paul Baumbach is a co-sponsor.

Rep. Neal made the following statement about the bill on twitter: “I filed House Bill 230 because we are seeing other states weaponizing their laws against the transgender community, and we should be clear that we will not let those other states’ laws prevent people from seeking gender-affirming care in Delaware.”

Rep. Neal continued “I want to be clear that I filed this bill to begin the conversation and open a dialogue on the issue.  I will not be pushing the bill forward in committee this year.  Instead, I want to spend the break building support and educating people about this very critical – and very misunderstood – issue. Unfortunately, as we’ve seen with the reaction of some in Delaware already, more dialogue is needed.  I look forward to future discussions regarding the importance of protecting the rights of those seeking gender-affirming care in Delaware.”