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Delaware General Assembly· SB 301Signed

Hospitals/Discharge Plan/Labor Before Delivery, the official text

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SPONSOR: Sen. Pinkney & Rep. Minor-Brown
                                                                     Sens. Hoffner, Huxtable, Sokola; Reps. Berry, Bolden,
                                                                     Burns, K. Johnson, Lambert, Morrison, Neal, Romer,
                                                                     Ross Levin, 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:

1   Section 1. Amend Chapter 30J, Title 16 of the Delaware Code by creating a new Subchapter II after § 3007J and

2 by making deletions as shown by strike through and insertions as shown by underline as follows:

3   CHAPTER 30J. Lay Caregiver Designation, Notice, and Training Act Discharge Planning for Hospital Patients

4   Subchapter II. Safe Discharge Plans for Pregnant Patients

5   § 3011J. Definitions.

6   For purposes of this subchapter:

7            (1) “Discharge” means a patient’s exit or release from a hospital following an inpatient stay or observation

8   status.

9            (2) “Observation status” means any assessment, testing, observation, care, or treatment provided to a patient at

10  a hospital that does not result in the patient’s admission to the hospital for inpatient treatment.

11           (3) The following terms mean as defined in § 3001J of this title:

12                   a. “Aftercare”.

13                   b. “Health-care professional”.

14                   c. “Hospital”.

15                   d. “Lay caregiver”.

16                   e. “Patient’s agent”.

17                   f. “Residence”.

18  § 3012J. Discharge plan required for pregnant individuals.

19  (a) A hospital shall create a discharge plan for a patient if the patient is identified as pregnant and all of the

20 following apply:

21           (1) The patient is experiencing signs or symptoms consistent with labor, which may include contractions.

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22              (2) The patient is expected to be discharged before delivery, as determined based on the documented clinical

23  judgment of the treating health-care professional at the time the discharge is contemplated.

24  (b) A discharge plan under this section must be discussed with 1 or more of the following before the patient is

25 discharged:

26              (1) The patient.

27              (2) The patient’s agent.

28              (3) The patient’s lay caregiver.

29  (c)(1) The hospital must include the discharge plan in the patient’s medical record.

30              (2) If a patient or the patient’s agent declines to participate in the creation of a discharge plan, the hospital

31  must promptly document the refusal in the patient’s medical record.

32  § 3013J. Discharge plan; content.

33  A discharge plan under § 3012J of this title must include the clinical justification for the discharge and all of the

34 following:

35              (1)a. Aftercare instructions and guidelines.

36                  b. That the aftercare instructions and guidelines were explained to the patient, patient’s agent, or patient’s

37  lay caregiver.

38              (2) An assessment of travel distance and time between the primary residence of the patient and the hospital.

39              (3) Verification of reliable transportation between the primary residence of the patient and the hospital.

40              (4) Identification of a back-up hospital or facility at which the patient may obtain labor and delivery services.

41  Section 2. Amend Chapter 30J, Title 16 of the Delaware Code by creating a new Subchapter I that includes §§

42 3001J through 3007J and by making deletions as shown by strike through and insertions as shown by underline as follows:

43  Subchapter I. Lay Caregiver Designation, Notice, and Training Act

44  § 3001J. Definitions.

45  As used in this chapter: For purposes of this subchapter:

46  § 3002J. Designation of a lay caregiver.

47  (a) A hospital shall provide a patient or a patient’s agent at least 1 opportunity to designate at least 1 lay caregiver

48 under this chapter subchapter following the patient’s admission into a hospital and before the patient’s discharge to a

49 residence.

50  (d) The designation of an individual as a lay caregiver by a patient or a patient’s agent under this chapter

51 subchapter does not obligate the individual to accept the role of lay caregiver for the patient.

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52  (e) This chapter subchapter may not be construed to require a patient to designate a lay caregiver.

53  § 3003J. Notice to a lay caregiver.

54  If a patient or a patient’s agent has designated a lay caregiver under this chapter, subchapter, a hospital shall notify

55 the lay caregiver of the patient’s discharge to a residence as soon as possible. If a hospital is unable to contact a designated

56 lay caregiver, the inability to contact the lay caregiver may not interfere with, delay, or otherwise affect an appropriate

57 discharge or transfer of the patient.

58  § 3004J. Training of a lay caregiver.

59  (e) (1) A discharge plan may include all of the following:

60                  a. Competent training on how to provide aftercare.

61                  b. Medication management guidelines.

62                  c. Aftercare guidelines.

63                  d. Identification of the aftercare tasks that a discharging health-care professional specifies.

64  (3) If a discharge plan is required under § 3012J(a) of this title, the discharge plan must also include the

65  information required under § 3013J(a)(2) through § 3013J(a)(4) of this title.

66  (h) When training the lay caregiver under this chapter subchapter or any regulation promulgated pursuant to under

67 § 3006J of this title, a hospital, hospital employee, an individual with whom a hospital has a contractual relationship, or an

68 authorized agent of the hospital, shall provide the lay caregiver instructions and training that a person of ordinary

69 intelligence and awareness in a position similar to that of the lay caregiver could reasonably be expected to appreciate and

70 comprehend. In any action for health-care negligence or a violation of a regulation promulgated pursuant to under § 3006J

71 of this title, based upon a claim of a failure to adequately train or instruct a lay caregiver, in addition to other defenses

72 provided by law, it shall be a defense that the lay caregiver was given instructions and training in accordance with this

73 chapter subchapter or a regulation promulgated pursuant to under § 3006J of this title.

74  § 3005J. Limitations.

75  Nothing in this chapter subchapter shall be construed to do any of the following:

76  § 3006J. Regulatory authority; enforcement.

77  (a) The Department of Health and Social Services may promulgate regulations to implement and enforce this

78 chapter. subchapter.

79  (b) The Department of Health and Social Services may enforce the provisions of this chapter subchapter and any

80 regulations promulgated under subsection (a) of this section.

81  § 3007J. Affidavit of merit.

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82  Any health-care negligence action, including one pertaining to training under § 3004J of this title, brought by an

83 individual or the legal representative of an individual against a hospital, hospital employee, an individual with whom a

84 hospital has a contractual relationship, or an authorized agent of the hospital for violating any provision of this chapter

85 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

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