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Bill

SB 439

Enact Women Expansion of Learning and Labor Safety or WELLS Act

136th Legislature (2025-2026) Introduced by Paula Hicks-Hudson and 1 co-sponsor

Hospitals must create and implement discharge plans for pregnant patients likely to deliver off-site, detailing clinical justification, transport, alternate facilities, language ac

Referred to committee
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Bill Summary · SB 439

Bill at a glance

  • Bill: SB 439 (136th General Assembly, Regular Session)
  • Jurisdiction: Ohio
  • Title: Women Expansion of Learning and Labor Safety (WELLS) Act
  • Purpose: Require hospitals to develop and implement discharge plans for pregnant patients who are in or approaching labor but expected to be discharged before delivery.

What the bill would do

  • Mandate: By January 1, 2027, each hospital must develop and implement a discharge plan for a pregnant individual who is:
    • Exhibiting signs/symptoms consistent with labor (e.g., contractions), and
    • Expected to be discharged before delivery, as determined by the treating physician or practitioner.
  • Discharge plan requirements (divisions A–D):
    • (A) Abrupt overview: The discharge plan is for eligible pregnant patients being discharged pre-delivery.
    • (B) Plan specifics:
    • Provide a clinical justification for the discharge.
    • Assess travel distance/time from hospital to the patient’s primary residence.
    • Verify reliable transportation between hospital and residence.
    • Identify an alternate hospital or facility for labor and delivery services.
    • Ensure the plan is reviewed and approved by a practitioner deemed qualified by the director of health under adopted rules.
    • Confirm the patient or their representative has received the plan in the patient’s primary language and understands its contents.
    • (C) Discharge execution (before discharge):
    • Include a copy of the discharge plan in the patient’s medical record.
    • Provide a copy of the discharge plan to the patient or their representative in the primary language.
    • Discuss the discharge plan with the patient or representative.
    • (D) Rulemaking: The Director of Health will adopt rules necessary to implement the section, including the items described in (B)(5). Rules to be adopted under the Ohio Revised Code Chapter 119.

Who would be affected

  • All hospitals in Ohio that admit pregnant individuals who may be in labor but are anticipated to be discharged prior to delivery.
  • Pregnant patients who are discharged pre-delivery and their representatives (addressing language accessibility and transportation planning).
  • Health system staff involved in discharge planning, including physicians/practitioners who must approve plans and ensure compliance.

Key provisions and changes

  • Creation of new statutory requirement: Section 3722.15 in the Revised Code.
  • Discharge planning standards for pre-delivery labor cases, including:
    • Clinical justification for discharge.
    • Transportation and travel distance considerations.
    • Identification of alternate labor/delivery facilities.
    • Language accessibility and confirmation of understanding.
    • Documentation in medical records and direct communication with patients/representatives.
  • Oversight and implementation:
    • State Director of Health to adopt implementing rules, with a structured rulemaking process (Chapter 119 compliance).

Procedural and timeline aspects

  • Effective date: Not later than January 1, 2027 (with readiness subject to rulemaking and internal hospital implementation).
  • Administrative process:
    • Hospitals must develop and implement discharge plans by the deadline.
    • The Director of Health will issue and adopt rules necessary to implement the requirements, including qualifying practitioner approval and language provisions.

Practical impact and considerations

  • Potential benefits:
    • Improved safety and planning for patients at risk of delivering outside a hospital setting.
    • Enhanced continuity of care via documented transportation plans and communication in the patient’s primary language.
    • Clearer coordination with alternative facilities should pre-delivery labor occur.
  • Considerations for compliance:
    • Hospitals will need discharge-planning workflows, translation services, transportation verification, and record-keeping processes.
    • Staff training and patient education materials in multiple languages may be required.
    • Rulemaking will define specific qualifications for practitioners who approve plans and permissible forms of documentation.

Summary

SB 439 establishes a formal requirement for Ohio hospitals to create and implement discharge plans for pregnant patients likely to deliver outside the hospital. By January 1, 2027, hospitals must address clinical justification, transportation logistics, alternate facility planning, language accessibility, and documentation, with state rulemaking to govern implementation. This statute aims to enhance safety, coordination, and accessibility for expectant patients who may be discharged before delivery.

Compiled from official sources — confirm details with the bill’s official record.

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