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Legislation Document
SPONSOR:
Sen. Pinkney & Rep. Minor-Brown
Sens. Hoffner, Huxtable, Sokola; Reps. Berry, Bolden, Morrison, Neal, Romer, Kamela Smith, Snyder-Hall
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE BILL NO. 301
AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO HOSPITAL DISCHARGE PLANS FOR PREGNANT PATIENTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 30J, Title 16 of the Delaware Code by creating a new Subchapter II after § 3007J and by making deletions as shown by strike through and insertions as shown by underline as follows:
CHAPTER 30J.
Lay Caregiver Designation, Notice, and Training Act
Discharge Planning
for Hospital Patients
Subchapter II. Safe Discharge Plans for Pregnant Patients
§ 3011J. Definitions.
For purposes of this subchapter:
(1) “Discharge” means a patient’s exit or release from a hospital following an inpatient stay or observation status.
(2) “Observation status” means any assessment, testing, observation, care, or treatment provided to a patient at a hospital that does not result in the patient’s admission to the hospital for inpatient treatment.
(3) The following terms mean as defined in § 3001J of this title:
a. “Aftercare”.
b. “Health-care professional”.
c. “Hospital”.
d. “Lay caregiver”.
e. “Patient’s agent”.
f. “Residence”.
§ 3012J. Discharge plan required for pregnant individuals.
(a) A hospital shall create a discharge plan for a patient if the patient is identified as pregnant and all of the following apply:
(1) The patient is experiencing signs or symptoms consistent with labor, which may include contractions.
(2) The patient is expected to be discharged before delivery, as determined based on the documented clinical judgment of the treating health-care professional at the time the discharge is contemplated.
(b) A discharge plan under this section must be discussed with 1 or more of the following before the patient is discharged:
(1) The patient.
(2) The patient’s agent.
(3) The patient’s lay caregiver.
(c)(1) The hospital must include the discharge plan in the patient’s medical record.
(2) If a patient or the patient’s agent declines to participate in the creation of a discharge plan, the hospital must promptly document the refusal in the patient’s medical record.
§ 3013J. Discharge plan; content.
A discharge plan under § 3012J of this title must include the clinical justification for the discharge and all of the following:
(1)a. Aftercare instructions and guidelines.
b. That the aftercare 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.
Section 2. Amend Chapter 30J, Title 16 of the Delaware Code by creating a new Subchapter I that includes §§ 3001J through 3007J and by making deletions as shown by strike through and insertions as shown by underline as follows:
Subchapter I. Lay Caregiver Designation, Notice, and Training Act
§ 3001J. Definitions.
As used in this chapter:
For purposes of this subchapter:
§ 3002J. Designation of a lay caregiver.
(a) A hospital shall provide a patient or a patient’s agent at least 1 opportunity to designate at least 1 lay caregiver under this
chapter
subchapter
following the patient’s admission into a hospital and before the patient’s discharge to a residence.
(d) The designation of an individual as a lay caregiver by a patient or a patient’s agent under this
chapter
subchapter
does not obligate the individual to accept the role of lay caregiver for the patient.
(e) This
chapter
subchapter
may not be construed to require a patient to designate a lay caregiver.
§ 3003J. Notice to a lay caregiver.
If a patient or a patient’s agent has designated a lay caregiver under this
chapter,
subchapter,
a hospital shall notify the lay caregiver of the patient’s discharge to a residence as soon as possible. If a hospital is unable to contact a designated lay caregiver, the inability to contact the lay caregiver may not interfere with, delay, or otherwise affect an appropriate discharge or transfer of the patient.
§ 3004J. Training of a lay caregiver.
(e) (1) A discharge plan may include all of the following:
a. Competent training on how to provide aftercare.
b. Medication management guidelines.
c. Aftercare guidelines.
d. Identification of the aftercare tasks that a discharging health-care professional specifies.
(3) If a discharge plan is required under § 3012J(a) of this title, the discharge plan must also include the information required under § 3013J(a)(2) through § 3013J(a)(4) of this title.
(h) When training the lay caregiver under this
chapter
subchapter
or any regulation promulgated
pursuant to
under
§ 3006J of this title, a hospital, hospital employee, an individual with whom a hospital has a contractual relationship, or an authorized agent of the hospital, shall provide the lay caregiver instructions and training that a person of ordinary intelligence and awareness in a position similar to that of the lay caregiver could reasonably be expected to appreciate and comprehend. In any action for health-care negligence or a violation of a regulation promulgated
pursuant to
under
§ 3006J of this title, based upon a claim of a failure to adequately train or instruct a lay caregiver, in addition to other defenses provided by law, it shall be a defense that the lay caregiver was given instructions and training in accordance with this
chapter
subchapter
or a regulation promulgated
pursuant to
under
§ 3006J of this title.
§ 3005J. Limitations.
Nothing in this
chapter
subchapter
shall be construed to do any of the following:
§ 3006J. Regulatory authority; enforcement.
(a) The Department of Health and Social Services may promulgate regulations to implement and enforce this
chapter.
subchapter.
(b) The Department of Health and Social Services may enforce the provisions of this
chapter
subchapter
and any regulations promulgated under subsection (a) of this section.
§ 3007J. Affidavit of merit.
Any health-care negligence action, including one pertaining to training under § 3004J of this title, brought by an individual or the legal representative of an individual against a hospital, hospital employee, an individual with whom a hospital has a contractual relationship, or an authorized agent of the hospital for violating any provision of this
chapter
subchapter
that caused an individual’s injuries or death shall be subject to the provisions of §6853 of Title 18.
SYNOPSIS
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.
Author: Senator Pinkney