Viral video prompts federal bill requiring hospitals to give women in labor a discharge plan if told to go back home
A new bill will be introduced in Congress to prevent women from being turned away or sent home from a hospital while they are in active labor, after video surfaced of a Black woman writhing in pain at an Illinois hospital. She was told to go home and gave birth in her truck a few minutes later.
Rep. Robin Kelly, D-Illinois, will announce the WELLS Act, or the Women’s Learning and Workplace Safety Expansion Act, on Tuesday after Mercedes Wells gave birth to her fourth child in her car earlier this month, her office confirmed exclusively with NBC News.
Kelly’s bill, the WELLS Act, will require any hospital that provides obstetrics, emergency, or labor and delivery services to have a “safe labor plan before discharging a patient who exhibits signs or symptoms of labor.”
“Mercedes’ courage to speak out and promote change knows no bounds,” Kelly said in a statement to NBC News. “Her courage and commitment will help other mothers receive the care and treatment they deserve.” »
Wells, a mother of four, previously told NBC News that she was rushed to Franciscan Hospital on Nov. 16 when her contractions were 10 minutes apart — only to be sent home six hours later after an examination by the nurse. She said she had never seen a doctor. She gave birth on the side of the road eight minutes after she and her husband got into their truck.
The nurse and doctor involved in the incident no longer work at the hospital, according to hospital President and CEO Raymond Grady.
“It was really a horrible situation to be treated like a dog, or not even like a dog, at least,” Wells said last week.
“It shows that they don’t care at all about the health of black women, and it’s hurtful,” she added. “We thought that, you know, things had changed at this point in our country, and I don’t see any change.”
Kelly noted that the safe discharge plan from work would require a clinical justification for discharge, an assessment of travel distance and duration, and documentation of patient understanding. It would apply to federally qualified health centers, rural health clinics, tribal health programs, emergency medical services agencies, community birthing centers and other facilities.
“My bill aims to address systematic problems related to maternal care, racial disparities and hospital accountability,” Kelly said. “It is clear that what happened to Mercedes is not an isolated incident, nor is it the first time that a black woman’s pain has been ignored.”
The WELLS Act, which would also mandate racial bias training for medical professionals, will be formally introduced when the House returns after the Thanksgiving holiday.
Franciscan Health President and CEO Raymond Grady issued a formal apology to Wells and his family last week.
The hospital also said it would implement new policies requiring all pregnant patients in the labor and delivery unit to be examined by a doctor before leaving the hospital, Grady added. Cultural competency training has also been mandatory for all work and delivery staff.
Wells’ experience highlights what health experts say are long-standing disparities in health care for black women.
The maternal mortality rate for black women in the United States is significantly higher than that of other racial groups. Black women are three times more likely to die in childbirth than white women, with 50 deaths per 100,000 live births, compared to 14.5 deaths for white women, 12 deaths for Latinas and 10 for Asian women, according to the Centers for Disease Control and Prevention.
Black women also report facing disproportionate levels of unfair treatment in health care settings, according to KFF News.
While state lawmakers seek clarity, at the federal level, Kelly has led several maternal health bills through Congress, including the Maternal Health Quality Improvement Act, which passed in 2022, and the Mothers and Offspring Mortality and Morbidity Awareness Act in 2021. In May, Kelly announced she was running for the U.S. Senate seat held by Sen. Dick Durbin, D-Ill.
“Until all women are heard and listened to in our hospitals and health centers, I will be their voice in Congress in the fight for change,” Kelly said.
