House Passes Johnson to Protect Access to Fertility Treatments in Delaware

DOVER- The House passed legislation Tuesday that would safeguard access to fertility treatments in Delaware.

Sponsored by Representative Kendra Johnson and Senator Nicole Poore, House Bill 374 would codify legal protections for fertility treatment providers, ensuring residents have continued access to in-vitro fertilization (IVF) and other assisted reproductive treatments.

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“Without access to IVF, my two beautiful children would not be here today, so I know firsthand the immeasurable joy that these treatments bring to those who dream of starting or growing their families,” said Rep. Kendra Johnson.

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“The very personal decision to begin fertility treatments belongs in the hands of families and their doctors, not the government. This legislation will ensure that providers and hopeful parents are not punished simply for seeking to fulfill their dreams of parenthood.”

After the Supreme Court’s 2022 Dobbs v. Jackson Women’s Health Organization decision, more than a dozen states passed or attempted to pass fetal personhood bills.

These personhood bills, which give fetuses, and in some cases embryos, the legal rights of a person, could make common fertility treatments like IVF inaccessible or even illegal by putting medical professionals at risk of legal action.

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“As a mom who experienced infertility, I am absolutely committed to preserving IVF and other treatments as safe and effective options for Delaware families who find themselves in the same position,” said Sen. Nicole Poore, Senate prime sponsor of House Bill 374.

“Thank you to my House colleagues for voting today to protect access to fertility treatments, safeguard reproductive healthcare providers, and protect the rights of Delaware families to seek help from a healthcare professional. I look forward to bringing this legislation up for a vote in the Senate in the coming weeks.”

HB 374 builds on HB 455 from the 151st General Assembly and would provide the same legal protections afforded to providers of contraceptive and abortion services to providers of fertility treatments. These legal protections include:

• Protects medical privacy. HB 374 would protect communications and records concerning fertility services by prohibiting healthcare providers from disclosing those records without the patient’s authorization in any civil action or proceeding, with some exceptions,

• Provides a cause of action. HB 374 would provide a cause of action where someone sued in another state for allegedly receiving or providing fertility treatment services that are legal in Delaware can recover related costs, damages, or attorney fees.

• Protects professional licensees. The bill clarifies that medical professionals who perform, recommend, or provide legal fertility treatment care in Delaware are not subject to other states’ fertility treatment 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 fertility treatment and services.

HB 374 will now go to the Senate for consideration.

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