An Illinois congresswoman is proposing new legislation to address systemic issues around maternal healthcare, racial disparities and hospital accountability after one of her constituents was discharged from a hospital while she was in active labor.
Mercedes Wells was discharged from Franciscan Health Crown Point minutes before she gave birth to her fourth child on Nov. 16 in the front seat of a Chevrolet Silverado as her husband, Leon Wells, rushed her to another hospital.
Wells’ congresswoman, Rep. Robin Kelly, D-Illinois, said at a news conference on Nov. 25 she plans to introduce legislation after Thanksgiving named for Wells to prevent a similar situation from happening again and “protect all moms.”
U.S. Rep. Robin Kelly answers a question Wednesday, April 16, 2025, at a town hall meeting at Pontiac Township High School in Pontiac.
The Women Expansion for Learning and Labor Safety Act will urge hospitals and birthing centers to develop a safe discharge labor plan that includes a clinical justification for and patient understanding of the reasons for discharge, an identified back-up hospital or birthing facility, an assessment of travel distance and a verification of reliable transportation.
The act would also require racial bias training for healthcare professionals. Kelly, chair of the Congressional Black Caucus’ Health Braintrust, said it’s clear that Wells’ story is not an isolated incident and that the issue is not specific to Franciscan Health, but rather systemic.
Hundreds of women die each year during childbirth or within weeks of having their child, according to the U.S. Centers for Disease Control and Prevention. Black women are far more likely to die, with a maternal mortality rate three times higher than for White women and other women, as USA TODAY reported.
“We have heard from too many Black women whose pain is ignored, dismissed and discharged,” Kelly said. “It doesn’t matter if she’s famous, wealthy, educated or where she lives. If she’s Black, she’s more likely to have worse health outcomes.”
What happened to Mercedes Wells?
Wells began labor on the night of Nov. 15 and traveled with her husband to the closest hospital, Franciscan.
After they arrived, Wells said her water broke and her contractions continued to increase. Wells said a nurse ignored both of these signs, and she never saw the doctor on call before she was discharged.
Being turned away from the hospital was “hurtful, disgraceful. I felt unheard. I felt ignored. I felt treated less than human,” Wells said.
“No one should be able to turn a woman that’s in pain, in agony and that’s begging to be cared for,” she added.
Leon and Mercedes Wells were forcibly discharged from an Indiana hospital minutes before they gave birth to their daughter Alena, not pictured here, on Nov. 16, 2025, driving along a roadway.
Leon Wells previously told USA TODAY he can’t understand how his wife ended up being discharged. The family then started to make their way to another hospital, the Community Hospital, in Munster, Indiana.
But six minutes into the drive, Leon Wells said his wife said she had to push. He called 911, but they couldn’t wait for the ambulance. She asked him to pull her pants down while he drove. He looked down and saw their baby’s head.
With no gloves, he helped her get the baby out. Alena was born at 6:28 a.m. They had blankets in preparation for a delivery, and video showed Alena wrapped up, looking pale.
Eventually, they made it to the Community Hospital, where they spent two nights before returning home. Franciscan Health President and CEO Raymond Grady said a doctor and nurse lost their job; the hospital publicly apologized; and Grady promised policy changes and cultural competency training for all labor and delivery staff.
“While we have not had the opportunity to review the proposed legislation the Congresswoman announced today, we support federal action that promotes safer, more equitable maternal care nationwide,” the Franciscan Alliance said in a statement to USA TODAY.
(This story was updated to add new information.)
This article originally appeared on USA TODAY: Hospital discharged mom minutes before birth; a lawmaker wants change
