Women Expansion of Learning and Labor Safety Act

“(l) Discharge plan requirements for pregnant individuals

“(1) In general—For purposes of subsection (a)(1)(Z), the requirements described in this paragraph are, with respect to a hospital, critical access hospital, or rural emergency hospital, that the hospital—

“(A) provides for the development and implementation of a discharge plan meeting the standards under paragraph (2) with respect to any individual (whether or not eligible for benefits under this title) admitted to the hospital who—

“(i) is pregnant;

“(ii) is experiencing signs or symptoms consistent with labor, which may include contractions; and

“(iii) is expected to be discharged from the hospital, critical access hospital, or rural emergency hospital prior to delivery, as determined based on the documented clinical judgment of the treating physician or practitioner at the time that such discharge is contemplated;

“(B) includes such discharge plan in the individual’s medical record; and

“(C) provides for such discharge plan to be discussed with the individual (or the individual’s representative) prior to discharge.

“(2) Discharge plan standards—A discharge plan for an individual described in paragraph (1)(A) meets the standards under this paragraph if such plan includes at least the following information:

“(A) A clinical justification for the discharge.

“(B) An assessment of travel distance and time between the primary residence of the individual and the hospital, critical access hospital, or rural emergency hospital.

“(C) Verification of reliable transportation between the primary residence of the individual and the hospital, critical access hospital, or rural emergency hospital.

“(D) Identification of a secondary hospital or facility at which such individual may obtain labor and delivery services.

“(E) Confirmation that the plan was reviewed and approved by a registered professional nurse, social worker, or other appropriately qualified personnel.

“(F) Confirmation that the individual (or the individual’s representative) has received the information described in subparagraphs (A) through (D), that such information was provided in the primary language of such individual (or representative), and that such individual (or representative) confirmed their understanding of such information.

“(3) Rule of construction—Nothing in this subsection shall be construed as limiting or otherwise affecting the discharge planning requirements otherwise applicable to a hospital, critical access hospital, or rural emergency hospital under this title, or any obligation of a health care provider to furnish emergency services as required under State or Federal law, including section 1867 of this title (commonly known as the “Emergency Medical Treatment and Labor Act”).”

“(d) Minimum performance milestones

“(1) Establishment—Beginning with the grants awarded under this section for fiscal year 2027, the Secretary shall establish minimum performance milestones that grant recipients must meet during a fiscal year as a condition of remaining eligible for funding through such a grant for any subsequent fiscal year.

“(2) Milestones related to percent of staff trained—The minimum performance milestones referred to in paragraph (1) shall include milestones related to the percent of all staff of the grant recipient that are trained, or that receive refresher training, with support from a grant under this section.”