Federal bill would mandate ‘safe discharge’ plans for patients in labor 

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A federal lawmaker plans to introduce a new bill to Congress that would require hospitals to develop and implement “safe discharge” plans for patients in labor. 

Rep. Robin Kelly, D-Ill., will formally introduce the Women Expansion for Learning and Labor Safety Act, or WELLS Act, when the House is back in session after the Thanksgiving holiday, her office said in a Nov. 25 news release. 

The bill would mandate all hospitals that provide obstetric, emergency, or labor and delivery services to implement a “safe discharge labor plan.” At minimum, such plans must include a clinical justification for discharging patients presenting with signs or symptoms of labor, an assessment of travel distance, a confirmed back-up hospital or birthing facility, verification that patients have reliable transportation and documentation of patient understanding. The legislation would also require racial bias training for healthcare professionals.

The bill is named after Mercedes Wells, a Black woman who said staff at Franciscan Health Crown Point (Ind.) sent her home while in active labor earlier this month. Eight minutes later, she gave birth to her child in her car. The hospital’s president and CEO, Raymond Grady, confirmed a physician and nurse involved in Ms. Wells’ care are no longer employed by Mishawaka, Ind.-based Franciscan Health. 

The hospital said it has also implemented cultural competency training for all labor and delivery staff, as well as a new policy requiring all pregnant patients be examined by a physician before discharge. 

“Mercedes’ courage to speak out about her experience and advocate for change propelled me to introduce the WELLS Act to ensure no other mother goes through the same pain,” Ms. Kelley said in a statement. “Mercedes has given birth three times before and was telling the nurse she was in active labor, but far too often, Black women’s pain is ignored, dismissed and discharged. This cannot continue to happen.”

The legislation comes amid growing concern over maternal health disparities and access to high-quality care. March of Dimes’ latest annual report card on the state of infant and maternal health found maternal mortality rates among Black, American Indian/Alaska Native and Pacific Islander mothers remain two to three times higher than those of white mothers.

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