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Health care changes and other new Delaware laws taking effect in 2026

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Health care changes and other new Delaware laws taking effect in 2026


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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.

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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.   

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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. 

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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.

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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 

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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.

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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.  

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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.

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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? 

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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.

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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.        



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Delaware Supreme Court upholds reforms to curb ‘DExit’ concerns

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Delaware Supreme Court upholds reforms to curb ‘DExit’ concerns


This story was produced by Spotlight Delaware as part of a partnership with Delaware Online/The News Journal. For more about Spotlight Delaware, visit www.spotlightdelaware.org.

A Delaware law passed last year in the wake of escalating assaults on the state’s corporate brand shielded powerful company leaders from facing certain lawsuits brought by smaller investors. 

What it didn’t do was violate the Delaware Constitution, the state Supreme Court ruled on Friday, Feb. 27. 

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More than three months after hearing arguments, the justices ruled that the corporate law reform – known as Senate Bill 21 – did not strip Delaware’s prominent Court of Chancery of its constitutional authority to decide when a business deal is fair.

“The General Assembly’s enactment of SB 21 falls within the ‘broad and ample sweep’ of its legislative power,” the justices stated.

The ruling ends a bruising fight in Delaware over when the state’s business court should allow small-time investors to interrogate insider deals struck within companies by founders or other business leaders.

The ruling also averts what could have been an embarrassment for the state’s legal and political establishment had the high court overturned the law. 

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More than a year ago, Tesla CEO Elon Musk — the world’s richest person — was calling on business leaders to move their companies’ legal homes out of Delaware. Musk had launched the campaign, which became known as “DExit,” after a Delaware Chancery Court judge ruled that he could not accept a multibillion-dollar pay package from Tesla.  

Just as the campaign appeared to be gaining a foothold, Gov. Matt Meyer, legislative leaders, and Delaware attorneys who represent corporations threw their collective heft behind SB 21.

They argued then that the legislation amounted to a “course correction” that would bring the state’s business courts back into alignment with rulings from a decade ago. Many also said the bill was needed to pacify executives who were considering following Musk’s calls to move their companies’ legal homes out of Delaware.

In response, a cadre of critics — which included national law professors, pension fund attorneys, and a handful of progressives within the Delaware legislature — derided SB 21 as a “billionaires bill.” 

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Some also argued that the legislation was the latest in a string of recent changes to Delaware corporate law that have shifted the state away from protecting shareholder rights and toward giving greater deference to powerful executives.

Meyer and others SB 21 supporters rejected those characterizations last year. And on Friday, he celebrated the Supreme Court’s ruling.

In a statement, he said the decision affirms that “Delaware is the gold standard locale for global companies to do business.” He also stated that the number of companies that maintain their legal home in Delaware had increased throughout 2025 despite the DExit campaign.

“In short, SB 21 is working, and I’m glad it will continue to be the law,” Meyer said.  

The legal arguments for SB 21

When arguing against SB 21 in front of the Supreme Court last fall, one attorney asserted that the new law removed the Chancery Court’s time-honored and constitutional duty to say what is fair – or equitable – in a business dispute.  

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The attorney, Gregory Varallo, argued that by removing a shareholders’ ability to sue their company, the law reduced what he described as the immutable power of the Court of Chancery to oversee a “complete system of equity.”

During his arguments, Varallo also offered the justices an unusual acknowledgement, stating that he knew that his stance was unpopular — and that he understood “well the pressures on this court.”

The comments were a likely reference to the consensus of big business groups and the state’s political establishment that believed SB 21 was necessary for Delaware to remain the world’s preeminent corporate domicile. 

Following Varallo, Washington, D.C.-based attorney Jonathan C. Bond defended SB 21, in part, by characterizing his opponents arguments as unprecedented. If adopted, he said they would imperil several existing Delaware laws that go back decades. 

He also argued that changing the rules of corporate law – as SB 21 did – “is the same as wiping out jurisdiction merely because it makes some plaintiff’s claims harder.”

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Also arguing in favor of SB 21 during the hearing was William Savitt, an attorney with the  Wachtell, Lipton, Rosen & Katz – among the most prominent corporate law firms in the country.

Last spring, Meyer hired Savitt’s firm to represent the state in the legal defense of SB 21 for a budget rate of $100,000. By comparison, Wachtell Lipton charged Twitter $90 million in 2022 to ferry that company through its arduous, four-month-long acquisition by Elon Musk.

Wachtell’s client list also includes Mark Zuckerberg and other Meta executives and board members, who last summer settled a seven-year-long, multibillion-dollar shareholder lawsuit in the Delaware Chancery Court.

During his arguments on SB 21, Savitt said equity as determined by judges must follow the statutes created by the legislature, and “not displace the law.” 

“No natural reading of the words (of the Delaware Constitution) support plaintiff’s position,” he said. 

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Police identify victim of Wilmington motorcycle crash

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Police identify victim of Wilmington motorcycle crash


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State police identified 29-year-old Brian Silva of New Castle as the victim of a fatal motorcycle crash in Wilmington.

Silva was riding a Harley-Davidson northbound on Dupont Highway approaching Millside Drive in Wilmington around 3:30 p.m. on Feb. 27 when it collided with the rear of a stopped Lexus at that intersection, police said. Silva was ejected from the motorcycle. He was taken to the hospital, where he died.

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Delaware State Police are still investigating this incident, and anyone with information is encouraged to reach out to them or to Delaware Crime Stoppers.



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When will Delaware warm up? After snow, ice Tuesday, temps will rise

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When will Delaware warm up? After snow, ice Tuesday, temps will rise


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Meteorological winter has ended and we’ve entered spring.

However, there’s still a last winter blast hitting Delaware early this week before a spring warm up hits at the end of the week.

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Here’s a look at the Delaware forecast.

Will Delaware see more snow?

After a brisk Monday, March 2 with sunny skies and highs only reaching 35 degrees, there’s a chance of snow after 1 a.m. Tuesday, March 3 with freezing rain after 4 a.m. in New Castle County. Snow and freezing rain are expected before noon Tuesday, March 3. The county may receive less than a half inch of accumulation.

In Kent County and Sussex County, there’s a chance of snow and freezing rain after 1 a.m. Tuesday, March 3.

When will it warm up in Delaware?

It will start feeling like spring as warmer air moves into the First State on Tuesday evening, March 3, but wet weather is coming as well.

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Rain is predicted from Tuesday, March 3 through Friday, March 5, but spring-like temperatures will make it bearable. In New Castle County temperatures will range from the mid-50s on Wednesday, March 3 to the 60s on Thursday, March 4 and Friday, March 5. Kent County should see temperatures in the 60s and Sussex County will see 70s during the mid- to later part of the week

What’s the weekend forecast?

Remember when you were daydreaming about warm weather during the polar vortex or blizzard? Well, it is coming next weekend.

The forecast is calling for sunny to partly sunny skies throughout Delaware on Saturday, March 7 and Sunday, March 8. Highs will reach the upper 60s in the north to the low 70s in the south.

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