Delaware SB 301

This Act requires that a hospital create a discharge plan if a pregnant patient who is experiencing signs or symptoms consistent with labor is discharged before delivery. This requirement to create a discharge plan applies to patients discharged from either in-patient treatment or observation status and must contain all of the following: 1. Aftercare instructions and guidelines and that these instructions and guidelines were explained to the patient, patient’s agent, or patient’s lay caregiver. 2. An assessment of travel distance and time between the primary residence of the patient and the hospital. 3. Verification of reliable transportation between the primary residence of the patient and the hospital. 4. Identification of a back-up hospital or facility at which the patient may obtain labor and delivery services. This Act is modeled on the Women Expansion of Learning and Labor Safety or WELLS Act, H.R. 7830, which was introduced in Congress on March 5, 2026. The WELLS Act is named after Mercedes Wells, a Black woman who was forced to give birth on the side of the road minutes after being discharged from a hospital while in active labor. Under existing law, Chapter 30J of Title 16 provides discharge planning requirements when a patient is being discharged home after admission to a hospital. The requirements under this Act are in addition to, but can be combined with, these existing discharge planning requirements if the patient being discharged is pregnant and experiencing signs or symptoms consistent with labor. This Act also renames and reorganizes Chapter 30J of Title 16 by making existing law Subchapter I and creating a new Subchapter II with the requirements under this Act. As such, this Act makes corresponding changes to existing law to change references to Chapter 30J to the new subchapter.