For purposes of this subchapter:

(1) “Discharge” means a patient’s exit or release from a hospital following an inpatient stay or observation status.

(2) “Observation status” means any assessment, testing, observation, care, or treatment provided to a patient at a hospital that does not result in the patient’s admission to the hospital for inpatient treatment.

(3) The following terms mean as defined in § 3001J of this title:

a. “Aftercare.”

b. “Health-care professional.”

c. “Hospital.”

d. “Lay caregiver.”

e. “Patient’s agent.”

f. “Residence.”

85 Del. Laws, c. 449, § 1; 

(a) A hospital shall create a discharge plan for a patient if the patient is identified as pregnant and all of the following apply:

(1) The patient is experiencing signs or symptoms consistent with labor, which may include contractions.

(2) The patient is expected to be discharged before delivery, as determined based on the documented clinical judgment of the treating health-care professional at the time the discharge is contemplated.

(b) A discharge plan under this section must be discussed with 1 or more of the following before the patient is discharged:

(1) The patient.

(2) The patient’s agent.

(3) The patient’s lay caregiver.

(c) (1) The hospital must include the discharge plan in the patient’s medical record.

(2) If a patient or the patient’s agent declines to participate in the creation of a discharge plan, the hospital must promptly document the refusal in the patient’s medical record.

85 Del. Laws, c. 449, § 1; 

A discharge plan under § 3012J of this title must include the clinical justification for the discharge and all of the following:

(1) a. Aftercare instructions and guidelines.

b. That the aftercare instructions and guidelines were explained to the patient, patient’s agent, or patient’s lay caregiver.

(2) An assessment of travel distance and time between the primary residence of the patient and the hospital.

(3) Verification of reliable transportation between the primary residence of the patient and the hospital.

(4) Identification of a back-up hospital or facility at which the patient may obtain labor and delivery services.

85 Del. Laws, c. 449, § 1;