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Newborns' and Mothers' Health Protection Act

Newborns’ and Mothers’ Health Protection Act

Federal law protects the benefit rights of mothers and newborns related to any hospital stay in connection with child birth. In general, insurers may not:
  • Restrict benefits for the length of hospital stay for the mother or newborn child to less than 48 hours following a vaginal delivery, or less than 96 hours following a cesarean section. However, federal law generally does not prohibit the mother’s or newborn’s attending provider, after consulting with the mother, from discharging the mother or her newborn earlier than 48 hours (or 96 hours as applicable).
  • Require that a provider obtain authorization from the insurer for prescribing a length of stay of up to 48 hours (or 96 hours).

For details on any state maternity laws that may apply to your medical plan, please refer to the benefit material for the plan in which you are enrolled.