SB 301: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO HOSPITAL DISCHARGE PLANS FOR PREGNANT PATIENTS.

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

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.

Sponsors

Sponsors by party (alphabetical): Democratic 16

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. August 31, 2026Signed by Governor
2. June 24, 2026Passed By House. Votes: 40 YES 1 ABSENT
3. June 17, 2026Reported Out of Committee (Health & Human Development) in House with 2 Favorable, 7 On Its Merits
4. May 21, 2026Assigned to Health & Human Development Committee in House
5. May 20, 2026Passed By Senate. Votes: 20 YES 1 ABSENT
6. May 13, 2026Reported Out of Committee (Health & Social Services) in Senate with 4 Favorable, 3 On Its Merits
7. May 5, 2026Introduced and Assigned to Health & Social Services Committee in Senate