110 STAT. 2940
PUBLIC LAW 104-204—SEPT. 26, 1996
under subsection (a) in a manner which is less favorable than
the benefits provided for any preceding portion of such stay.
" (c) RULES OF CONSTRUCTION.—
"(1) Nothing in this section shall be construed to require
a mother who is a participant or beneficiary—
"(A) to give birth in a hospital; or
"(B) to stay in the hospital for a fixed period of time
following the birth of her child.
"(2) This section shall not apply with respect to any group
health plan, or any group health insurance coverage offered
by a health insurance issuer, which does not provide benefits
for hospital lengths of stay in connection with childbirth for
a mother or her newborn child.
"(3) Nothing in this section shall be construed as preventing
a group health plan or issuer from imposing deductibles,
coinsurance, or other cost-sharing in relation to benefits for
hospital lengths of stay in connection with childbirth for a
mother or newborn child under the plan (or under health insurance coverage offered in connection with a group health plan),
except that such coinsurance or other cost-sharing for any
portion of a period within a hospital length of stay required
under subsection (a) may not be greater than such coinsurance
or cost-sharing for any preceding portion of such stay.
"(d) NOTICE. —A group health plan under this part shall comply
with the notice requirement under section 711(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.
"(e) LEVEL AND TYPE OF REIMBURSEMENTS.— Nothing in this
section shall be construed to prevent a group health plan or a
health insurance issuer offering group health insurance coverage
from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section.
"(f) 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 2723(d)(1)) 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 2723(a)(1) shall not be construed as superseding a State law described in paragraph (1).".
(b) CONFORMING AMENDMENTS.—
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