HOUSE OF REPRESENTATIVES

152nd GENERAL ASSEMBLY

HOUSE BILL NO. 362

AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO COVERAGE FOR DOULA SERVICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 33, Title 18 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3370G. Coverage for doula services.

(a) “Doula services” means services provided by a trained doula and designed to provide physical, emotional, and educational support to pregnant and birthing persons, before, during, and after childbirth. “Doula services” include the following:

(1) Support and assistance during labor and childbirth.

(2) Prenatal and postpartum support and education.

(3) Breastfeeding assistance and lactation support.

(4) Parenting education.

(5) Support for a birthing person following loss of pregnancy.

(b) All individual health insurance policies, contracts, or certificates that are delivered, issued for delivery, renewed, extended, or modified in this State after December 31, 2025, shall provide coverage for doula services, when provided by a doula who is certified by the Delaware Certification Board, that includes all of the following:

(1) Three prenatal visits of up to 90 minutes.

(2) Three postpartum visits of up to 90 minutes.

(3) Attendance through labor and birth.

(c) Coverage must be provided for additional postpartum doula visits with a recommendation from a practitioner or clinician licensed under Title 24 acting within their scope of practice.

(d) (1) Nothing in this section prevents the operation of policy provisions such as deductibles, coinsurance, allowable charge limitations, or coordination of benefits.

(2) Carriers may require doulas to be certified or registered in the same manner required by the Division of Medicaid and Medical Assistance under § 530 of Title 31.

(e) This section does not apply to accident-only, specified disease, hospital indemnity, Medicare supplement, long-term care, disability income, or other limited benefit health insurance policies.

Section 2. Amend Chapter 35, Title 18 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3553A. Coverage for doula services.

(a) “Doula services” means services provided by a trained doula and designed to provide physical, emotional, and educational support to pregnant and birthing persons, before, during, and after childbirth. “Doula services” include the following:

(1) Support and assistance during labor and childbirth.

(2) Prenatal and postpartum support and education.

(3) Breastfeeding assistance and lactation support.

(4) Parenting education.

(5) Support for a birthing person following loss of pregnancy.

(b) All group and blanket health insurance policies, contracts, or certificates that are delivered, issued for delivery, renewed, extended, or modified in this State after December 31, 2025, shall provide coverage for doula services, when provided by a doula who is certified by the Delaware Certification Board, that includes all of the following:

(1) Three prenatal visits of up to 90 minutes.

(2) Three postpartum visits of up to 90 minutes.

(3) Attendance through labor and birth.

(c) Coverage must be provided for additional postpartum doula visits with a recommendation from a practitioner or clinician licensed under Title 24 acting within their scope of practice.

(d) (1) Nothing in this section prevents the operation of policy provisions such as deductibles, coinsurance, allowable charge limitations, or coordination of benefits.

(2) Carriers may require doulas to be certified or registered in the same manner required by the Division of Medicaid and Medical Assistance under § 530 of Title 31.

(e) This section does not apply to accident-only, specified disease, hospital indemnity, Medicare supplement, long-term care, disability income, or other limited benefit health insurance policies.

SYNOPSIS

In 2023, the General Assembly passed House Bill 80, which required the coverage of doula services under the State’s Medicaid plan beginning in 2024. This Act would require similar coverage under private health insurance plans.