Delaware
Delaware could join other states in requiring health insurance carriers to cover abortion
Delaware could become the 18th state to direct Medicaid to pay for abortion services and the 5th state to require state-regulated private health plans to do the same.
In April, House Majority Leader Melissa Minor Brown’s (D-New Castle) legislation requiring Medicaid to cover termination of pregnancies cleared the House Appropriations Committee.
She has since substituted that bill with a new version requiring all health benefit plans delivered or issued for Medicaid, private health insurance plans and state employee insurance plans to cover abortion in Delaware.
The bill requires that patients seeking pregnancy termination are not subject to any deductible, copayment or coinsurance up to the $750 coverage maximum.
The bill outlines an exception for religious employers if the coverage requirement “conflicts with the religious organization’s bona fide religious beliefs and practices,” but exclusions are not applicable for termination of pregnancies that are necessary to preserve the life or health of a covered individual.
House Minority Whip Lyndon Yearick (R-Magnolia) joined several of his colleagues in arguing the state does not mandate insurance providers to cover or provide the same cost-share exemptions to other elected health services.
“The requirement to mandate that every entity must provide this elective service and no questions asked unless they’re a faith based institution — I’m disappointed in that. I’m sure there’s very few elective services that we require other companies through their healthcare to provide,” Yearick said.
“I think that it is unfair to force taxpayers who are opposed to this procedure to have to pay for that procedure,” State Rep. Charles Postles (R-Milford) added.
Republicans went on to argue this requirement would only add to the state’s ballooning healthcare spending, noting the bill carries roughly a $500,000 annual fiscal note.
But Minor Brown said there will be back-end cost saving measures, saying women denied abortion services often lacked the means to cover basic living expenses years following the denial and saw lowered credit scores, increased debt and negative public financial records.
“When you deny a person access to essential healthcare — look at the impact after that. So the woman who’s utilizing Medicaid, and now you’re not allowing her that right to choose because you don’t want to pay for it. But you’d rather her stay on Medicaid, continue utilizing state resources and maybe even with the extra person or two, which — to me — costs more. So just make it make sense,” Minor Brown said.
State Rep. Valerie Jones Giltner (R-Georgetown) argued the state doesn’t have the resources to provide this type of coverage, especially by eliminating any cost-share mechanisms.
“We make tough decisions as legislators as far as making sure that Medicaid is available to many throughout the state. And we’re not blocking access to an abortion — that’s already widely available. We’re not even blocking partial payment of it,” Jones Giltner said. “What we’re saying is that to say that there should be no deductible, no copayment, no anything for anybody that gets an abortion, even if they have private insurance — a private payer — is not sound judgement.”
Minor Brown stuck firm in saying providing for preventative measures would ultimately save the state more money.
“We don’t have the money to pay for the after effects when we don’t provide care to people and access to healthcare to people. It’s more expensive on the other end,” Minor Brown responded.
The bill passed with only two Republican representatives defecting and now heads to the Senate for consideration.
Delaware
AIG Unit Sued Over Coverage for Delaware Plant Mercury Cases
An
Environmental Resource Holdings LLC, the successor to Occidental through a merger, should be covered under liability policies that AIG’s National Union Fire Insurance Co. of Pittsburgh, PA, issued to a contractor that worked at the facility, according to the lawsuit filed Wednesday in the US District Court for the Middle District of Louisiana.
The lawsuit centers on agreements from 1989 and 1991 that required the contractor, …
Delaware
Delaware holds off Louisiana for 68 Ventures Bowl win in first season of FBS play
MOBILE, Ala. (AP) — Jo Silver ran for 116 yards, including a 61-yard touchdown, and Delaware wrapped up its first year in the FBS with a 20-13 victory over Louisiana in the 68 Ventures Bowl on Wednesday night.
The Fightin’ Blue Hens, who went 6-6 in their first year of FBS play, were granted a waiver to play in a bowl game after there were not enough six-win teams to fill all 42 of the FBS bowl games. In general, first-year FBS teams are not chosen for bowl games during their transition period. Wednesday’s victory makes Delaware 7-6 overall.
The Blue Hens had to defend two passes into their own end zone in the final seconds to preserve the win. The Ragin’ Cajuns had the ball on their own 7-yard line with 1:41 remaining. Lunch Winfield led a drive that included a 32-yard completion to Charles Robertson and a pass interference penalty on Delaware.
After Louisiana (6-7) reached the 8-yard line, Winfield ran for 1 yard on first down and threw incomplete on second down. On third down with two seconds left, Blake Matthews broke up a pass in the end zone.
Silver’s long touchdown gave Delaware a 7-0 lead late in the first quarter and the Blue Hens went on to lead 10-3 at halftime. Nick Minicucci’s 35-yard touchdown pass to Sean Wilson made it 17-3 early in the third quarter and a field goal made it 20-3 midway through the third quarter.
Louisiana kicked a field goal to make it 20-6 heading to the fourth and Winfield added an 8-yard touchdown pass to Shelton Sampson Jr. to make it 20-13 with eight minutes left.
Minicucci passed for 176 yards and Winfield had 231 yards.
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The Associated Press
Delaware
Delaware replaces Trump’s U.S. attorney without legal drama seen in Jersey, Virginia
Sens. Coons, Blunt Rochester deemed Murray unqualified
Murray also acknowledged that she could not have obtained the post by the process outlined in the U.S. Constitution, in which a president makes a formal nomination and U.S. Senate confirmation is required.
That’s because part of that process is a longstanding tradition that requires the nominee to receive so-called “blue slip” endorsements by their state’s two U.S. senators.
Delaware’s two U.S. senators, Chris Coons and Lisa Blunt Rochester, are Democrats who interviewed Murray for the post. Coons said the duo decided Murray, who has done criminal defense work, didn’t have the prosecutorial experience to qualify as the state’s chief federal law enforcement official.
Although Murray accused the senators of playing politics with her unconventional appointment, Coons and Blunt Rochester disagreed.
“Any suggestion of political partiality throughout this process is misleading and blatantly false, said Taj Magruder, a spokesman for Blunt Rochester.
Coons, a member of the Senate Judiciary Committee that considers nominees before they are considered by the full Senate, told WHYY News last month that Murray’s acting status was “probably illegal.”
After Colm Connolly, Delaware’s chief federal judge, issued the order naming Wallace, Coons said he’s pleased the judges exercised their lawful “power to appoint a U.S. attorney in the absence of a presidential nomination.”
Coons said he’s also relieved that the transition occurred without the rancor seen in New Jersey and the Eastern District of Virginia.
In Virginia, former Trump insurance lawyer Lindsay Halligan was ruled ineligible by a federal judge in her district because Bondi named her interim boss after the 120-day period to do so under federal law had expired.
Perhaps more importantly, the indictments Halligan obtained days after taking office against former FBI director James Comey and New York Attorney General Latisha James were dismissed. Bondi has pledged to appeal but has not yet done so.
Though Habba resigned after the adverse ruling in New Jersey, Halligan remains in her post in Virginia.
Other end-around maneuvers by Trump and Bondi have been deemed unlawful in Nevada, New Mexico and California, but those three remain under appeal.
“I’m just glad that we’ve avoided that level of drama here and that in Ben Wallace, we’ve got a court-appointed U.S. attorney who can keep the office moving forward in a constructive way,” Coons said.
Besides handling major crimes, “the district of Delaware handles some of our country’s most important patent litigation, corporate litigation, bankruptcy litigation,” Coons said.
“So it’s important for Delawareans and our constituents that we have a well-managed, disciplined, appropriate respect for the rule of law in how the federal courts here are handled and how the U.S. attorney’s office is led. And I’m relieved that we seem to have a path forward here that is appropriate.”
Law prof says Judge Connolly ‘navigated it as best he could’
Carl Tobias, a law professor at the University of Richmond who tracks appointments of U.S. attorneys and federal judges, praised Connolly, a Republican and former U.S. attorney for Delaware, for his deft handling of the potentially volatile situation.
“He navigated it as best he could. He didn’t provoke a confrontation,” Tobias said of Connolly, who Trump appointed as a judge during his first presidential term, with the Senate’s approval. “And he deserves a lot of credit for keeping the courts moving.”
Prior to Friday’s order, Connolly had publicly sought applications for the post, writing that “the court would only appoint a person the court deems qualified for the position.”
That clearly wasn’t Murray. In his previous order in November, Connolly wrote that judges had decided not to name anyone to the post after Murray’s interim status expired Nov. 12.
That prompted Bondi to name her “acting” U.S. attorney and led U.S. Deputy Attorney General Todd Blanche, himself a former Trump personal attorney, to publicly rebuke Connolly on social media.
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