
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300gg-51]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
   SUBCHAPTER XXV--REQUIREMENTS RELATING TO HEALTH INSURANCE COVERAGE
 
                     Part B--Individual Market Rules
 
                      subpart 2--other requirements
 
Sec. 300gg-51. Standards relating to benefits for mothers and 
        newborns
        

(a) In general

    The provisions of section 300gg-4 of this title (other than 
subsections (d) and (f)) shall apply to health insurance coverage 
offered by a health insurance issuer in the individual market in the 
same manner as it applies to health insurance coverage offered by a 
health insurance issuer in connection with a group health plan in the 
small or large group market.

(b) Notice requirement

    A health insurance issuer under this part shall comply with the 
notice requirement under section 1185(d) of title 29 with respect to the 
requirements referred to in subsection (a) of this section as if such 
section applied to such issuer and such issuer were a group health plan.

(c) Preemption; exception for health insurance coverage in certain 
        States

                           (1) In general

        The requirements of this section shall not apply with respect to 
    health insurance coverage if there is a State law (as defined in 
    section 300gg-23(d)(1) of this title) for a State that regulates 
    such coverage that is described in any of the following 
    subparagraphs:
            (A) Such State law requires such coverage to provide for at 
        least a 48-hour hospital length of stay following a normal 
        vaginal delivery and at least a 96-hour hospital length of stay 
        following a cesarean section.
            (B) Such State law requires such coverage to provide for 
        maternity and pediatric care in accordance with guidelines 
        established by the American College of Obstetricians and 
        Gynecologists, the American Academy of Pediatrics, or other 
        established professional medical associations.
            (C) Such State law requires, in connection with such 
        coverage for maternity care, that the hospital length of stay 
        for such care is left to the decision of (or required to be made 
        by) the attending provider in consultation with the mother.

                          (2) Construction

        Section 300gg-62(a) of this title shall not be construed as 
    superseding a State law described in paragraph (1).

(July 1, 1944, ch. 373, title XXVII, Sec. 2751, as added Pub. L. 104-
204, title VI, Sec. 605(a)(4), Sept. 26, 1996, 110 Stat. 2941.)


                             Effective Date

    Section applicable to health insurance coverage offered, sold, 
issued, renewed, in effect, or operated in the individual market on or 
after Jan. 1, 1998, see section 605(c) of Pub. L. 104-204, set out as an 
Effective Date of 1996 Amendment note under section 300gg-44 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in section 300gg-62 of this title.
