Rep. Kelly introduces bicameral WELLS Act, new maternal health bill named after constituent

WASHINGTON – U.S. Rep. Robin Kelly (IL-02) introduced a new maternal health bill today named after Mercedes Wells, her constituent and 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.

The Women Expansion for Learning and Labor Safety (WELLS) Act seeks to prevent similar traumatic situations by urging hospitals and birthing centers to develop and implement a safe discharge plan. The WELLS Act also includes racial bias training for healthcare professionals, building on Rep. Kelly’s Maternal Health Quality Improvement Act of 2022.

“I’m bringing Mercedes’ story to Congress because her voice, and every Black woman’s voice, deserves to be heard loud and clear. Black women’s pain in labor cannot and should not be ignored, dismissed, and discharged,” said Rep. Kelly. “When I met Mercedes, she said she wanted to be used as a vessel for change. I will never forget her courage, and I’ll make sure our hospitals change for her, her newborn daughter, and every Black woman. I’m rooting out racism in our healthcare system until all women receive the care they deserve, no matter the color of her skin.”

Senator Lisa Blunt Rochester (D-DE) will introduce the Senate companion bill.

“The United States is the wealthiest nation in the world, yet Black women here face some of the highest maternal mortality rates among other nations,” said Senator Blunt Rochester, a member of the Senate Health, Education, Labor, and Pensions (HELP) Committee. “There are harrowing reports of pregnant women being turned away from hospitals, not being taken seriously, and ultimately forced to give birth in unsafe conditions. I’m proud to partner with Congresswoman Robin Kelly to introduce the WELLS Act. Our bill would require hospitals to develop and follow a Safe Discharge Labor Plan before discharging a patient with signs of labor, and ensure medical professionals are equipped to reduce health disparities. Together, we’re going to take on the Black maternal health crisis and ensure more moms and babies are healthy during pregnancy, birth, and beyond.”

The WELLS Act is cosponsored by U.S. Reps. Bonnie Watson-Coleman (NJ-12) and Yvette D. Clarke (NY-09), who are both co-chairs with Rep. Kelly on the Caucus of Black Women and Girls.

"Whatever the color of our skin, where we live, or how much money we make, most Americans want a country that respects the well-being of everyone, especially expectant mothers. Sadly, women of color have had seen their health concerns dismissed, whether due to bias of healthcare providers or the pernicious pursuit of profit by hospital systems,” said Rep. Watson-Coleman. “This has led to astonishing and shameful maternal and infant mortality rates among women of color in many parts of our country that rivals rates seen in impoverished nations. This is unacceptable. I thank Rep. Kelly for putting this issue front and center. Working together, we can tackle this crisis and make the United States the best place in the world to have a child." 

“For too long, women of color have faced neglect in their maternal health. There are too many cases where women go into labor, and what should have been a healthy and safe delivery for both mother and child ends in neglect and death. As a proud original co-sponsor of the Wells Act, I strongly support this legislation to protect mothers and newborns nationwide,” said Rep. Clarke. "This measure requires hospitals to ensure safe postpartum care, including clear discharge plans, backup facilities, reliable transportation, and patient understanding. It also mandates racial bias training for healthcare workers to address disparities in maternal care. This bill strengthens accountability, promotes equity, and takes a crucial step toward safer, equitable labor and delivery experience for all women.”

The WELLS Act is also endorsed by 4Kira4Moms, Maternal Mental Health Leadership Alliance, Chamber of Mothers, and In Our Own Voice.

“The introduction of the WELLS Act is a welcome move,” said Gabrielle Albert, Executive Director of 4Kira4Moms. “Maternal health is a fundamental human right and not a partisan issue; ensuring that all mothers—especially Black women, who die from pregnancy‑related causes at three times the rate of White women—have access to safe, respectful care and comprehensive coverage is a national imperative. America cannot boast of being the greatest nation in the world while mothers die senselessly from preventable medical issues. The WELLS Act is a step toward ensuring that our healthcare system lives up to our values and truly protects every parent and child.”

“The Maternal Mental Health Leadership Alliance supports the WELLS Act because too many Black mothers continue to face disproportionately high rates of maternal morbidity and mortality in the United States,” said Jamie Zahlaway Belsito, Founder and Director of Policy and Partnerships at MMHLA. “When patients are dismissed or unheard during pregnancy and childbirth, the consequences affect not only their physical safety but also their mental health and wellbeing. This legislation is an important step toward ensuring mothers receive respectful care that protects both their physical and mental health.”

“Mercedes Wells should never have been put in the position she was put in—and unfortunately, her story reflects a larger reality,” said Erin Erenberg, CEO of Chamber of Mothers. “Too many mothers in this country, especially Black mothers, aren’t being heard, believed, or safely cared for during one of the most vulnerable and powerful moments of their lives: birth. The basic issue is that mothers are dismissed. Protocols put into place because of the WELLS Act will force a slowing down and listening to what a mother in labor has to say about what she needs. Policies like this can save lives.”

“In Our Own Voice proudly supports the WELLS Act, legislation rooted in a reality Black women know far too well: our pain is often dismissed or ignored, even in life-threatening moments,” said Regina Davis Moss, President and CEO of In Our Own Voice: National Black Women’s Reproductive Justice Agenda. “Despite Mercedes Wells telling the nurses responsible for her care that she was in excruciating agony while in active labor, she was still discharged, ultimately forcing her to give birth in her car on the side of the road. The WELLS Act is an important step toward ensuring that Black women are treated with dignity, believed when we say we are in pain, and receive the standard of care every family deserves. By strengthening accountability in maternal care and confronting racial bias in how patients are treated, this legislation moves us closer to true Reproductive Justice. Thank you, Congresswoman Robin Kelly, for continuing to champion maternal health policy solutions that protect Black mothers and families.”

The WELLS Act lays out requirements for a safe discharge labor plan:

• Clinical justification for discharge;
• Patient understanding for discharge and following plan;
• Assessment of travel distance between hospital and patient’s destination;
• Identification of a back-up hospital or birthing center on the way to patient’s destination;
• Verification of reliable transportation.

Read the full bill text here.

In addition to Reps. Watson-Coleman and Clarke, the WELLS Act is cosponsored by 13 more Members of Congress: LaMonica McIver, Eleanor Holms Norton, Terri Sewell, Shontel Brown, Gwen Moore, Valerie Foushee, Frederica S. Wilson, Rashida Tlaib, Yassmin Ansari, Paul Tonko, Cleo Fields, Sheila Cherfilus-McCormick, Danny Davis.