Delaware
Health care changes and other new Delaware laws taking effect in 2026
What to know on how bills are created in Delaware
From substitutes to amendments to everything in between, lawmaking in Delaware can be a bit confusing. Here’s how it works.
The countdown to 2026 begins.
Several new Delaware laws, including health care initiatives and public utility protections, are slated to go into effect in the new year.
Here’s a look at what goes into effect on Jan. 1, 2026 – alongside other new changes Delawareans should expect in the year ahead.
Medical aid in dying law soon to take effect
This legislation had been long in the making.
Signed into law by Gov. Matt Meyer earlier this spring, the Ron Silverio/Heather Block End of Life Options Law will allow terminally ill patients who have six months or fewer to live access to medication that will “end the individual’s life in a humane and dignified manner,” according to the law’s text.
The legislation also has several guardrails in place.
Qualified patients must be “adult” residents of the First State and have at most six months to live – a prognosis that must be confirmed by an attending doctor or an advanced practice registered nurse and a consulting doctor or nurse.
Practitioners must also present eligible patients with the opportunity to rescind their request for medication before writing a prescription and inform them of other end-of-life options available, including hospice and palliative care.
The law is set to go into effect either when regulations are finalized and published or on Jan. 1, 2026, whichever happens first.
As of Dec. 8, a federal lawsuit filed by a coalition of disability and patient advocacy organizations hopes to block the law. Plaintiffs argue that such a change could “single out” individuals with disabilities and other vulnerable communities and put them at risk for untimely death, instead of necessary care.
As written, the law does not allow individuals to qualify for the life-ending medication due to age or disability.
Paid family medical leave coming online
Paid family and medical leave is also making its way to Delaware next year.
First signed into law back in 2022, the Healthy Delaware Families Act provides First State employees 12 weeks of paid family and medical leave through a designated state trust fund.
This initiative specifically applies to life events, like caring for and bonding with a new child; taking care of a parent, child or partner “with a serious health condition”; or addressing one’s own serious injury or illness.
Employees can begin to submit claim applications starting Jan. 1, 2026. More information can be found on the state Labor Department website.
Delaware seeks public utilities payer relief
Delawareans are also set to see some potential accountability from public utilities.
This and other efforts followed sudden spikes in energy bills across Delaware last winter, a topic that became a chief concern among lawmakers last session.
Backed by Sen. Stephanie Hansen, another law coming into effect adjusts the standards for what costs can be included in “a utility’s rate base” and presented to the Public Service Commission.
This means the commission would have the power to reject certain costs or expenses put on ratepayers, which could lead to less impactful or frequent increases.
Special enrollment period for Medicare
Back in health care, one bill that establishes a “special open enrollment period” for residents currently enrolled in a Medicare supplement policy will also take effect at the top of the calendar.
This gives Delawareans the opportunity to cancel their current policy and purchase another “that provides the same or lesser benefits,” according to the law’s description. That window begins roughly a month before an eligible individual’s birthday and will stay open for no less than a month afterward.
This change would only apply to those enrolled in a supplement policy under Medicare.
As written, anyone switching from one plan to another during this period “cannot be denied coverage,” nor can rates or coverage be determined by one’s medical history.
Offshore wind set to fly
Delawareans will also see an effort related to one of last session’s most controversial bills take effect later this month.
Also backed by Hansen, the bill overturns Sussex County Council’s rejection of a permit needed for US Wind to build a substation critical to plans to erect more than 100 wind turbines off the Delmarva coast.
Several Republicans fought against the bill’s passage. Many argued that bringing this decision to the hands of state government would strip local leaders of autonomy over what happens in their county, while some pushed for the courts to make the final decision.
State GOP members even spent the last night of session holding up necessary support for Delaware’s billion-dollar bond bill, which helps fund several projects, renovations and improvements across the state.
However, after a few hours of deliberation, lawmakers were able to reach a compromise. And the offshore wind legislation will go into effect Jan. 31, 2026.
And it didn’t end there. A state Superior Court judge ruled in early December to pause US Winds’ challenge in light of this new effective date.
“This is the result we wanted,” Hansen said in a statement following the decision, adding this marks “a key step in our efforts to increase Delaware’s energy supply and ensure energy reliability for all ratepayers in our state.”
What other bills will go into effect in 2026?
Another once-Senate bill aiming to expand the criteria for those incarcerated to petition for early release based on serious illness or rehabilitation – also known as the Richard “Mouse” Smith Compassionate Release Act – will go into effect on Jan. 10.
Another law providing First State tenants “new protections” by allowing specific eviction records to be restricted from public view will also come online Jan. 29.
Two additional health-centered bills signed by Meyer earlier this year will take effect this coming July. One creates a breastfeeding and lactation program for individuals in custody of the Delaware Department of Correction, while the other helps provide equipment and telecommunications assistance to Delawareans who are deaf or hard of hearing.
Joining them is a law to bar public and charter schools from selling or serving food containing the synthetic food dye Red No. 40, which is set to be implemented same month.
The wait will also soon be over for those longing to have wine shipped right to their doors, as a bill allowing wine producers to obtain a license and ship wine directly to Delawareans will go into effect in August 2026.
Olivia Montes covers state government and community impact for Delaware Online/The News Journal. If you have a tip or a story idea, reach out to her at omontes@delawareonline.com.