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LegalText 42 U.S.C. § 300gg51 Standards relating to benefits for mothers and newborns us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 6A PUBLIC HEALTH SERVICE 300gg51 42 U.S.C. § 300gg51 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s300gg51 data/legal/raw/us/code/title-42/usc42.xml 95f4c72abd3946622dac90c70b1ac5c10077a2319fca081118fcc1be3a7d011d 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e eb0abcc2e965911eb0862b4957813e0c18fc1e4f202b8cac3476ed8334579eb6 2026-07-04 official
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42 U.S.C. § 300gg51 - Standards relating to benefits for mothers and newborns

Text

(a) In general The provisions of section 2704 11 See References in Text note below. (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) 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 300gg23(d)(1) 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 300gg62(a) of this title shall not be construed as superseding a State law described in paragraph (1).

(July 1, 1944, ch. 373, title XXVII, § 2751, as added Pub. L. 104204, title VI, § 605(a)(4), Sept. 26, 1996, 110 Stat. 2941.)

Notes

Editorial Notes

References in TextSection 2704, referred to in subsec. (a), is a reference to section 2704 of act July 1, 1944. Section 2704, which was classified to section 300gg4 of this title, was renumbered section 2725, and amended by Pub. L. 111148, title I, §§ 1001(2), 1563(c)(3), formerly § 1562(c)(3), title X, § 10107(b)(1), Mar. 23, 2010, 124 Stat. 130, 265, 911, and was transferred to section 300gg25 of this title. A new section 2704 of act July 1, 1944, related to prohibition of preexisting condition exclusions or other discrimination based on health status, was added, effective for plan years beginning on or after Jan. 1, 2014, with certain exceptions, and amended, by Pub. L. 111148, title I, §§ 1201(2), 1563(c)(1), formerly § 1562(c)(1), title X, § 10107(b)(1), Mar. 23, 2010, 124 Stat. 154, 264, 911, and is classified to section 300gg3 of this title. Section 300gg23(d)(1) of this title, referred to in subsec. (c)(1), was in the original “section 2723(d)(1)”, and was translated as meaning section 2724(d)(1) of act July 1, 1944, to reflect the probable intent of Congress and the renumbering of section 2723 as 2724 by Pub. L. 111148, title I, §§ 1001(4), 1563(c)(14)(B), formerly § 1562(c)(14)(B), title X, § 10107(b)(1), Mar. 23, 2010, 124 Stat. 130, 269, 911.

Statutory Notes and Related Subsidiaries

Effective DateSection 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. 104204, set out as an Effective Date of 1996 Amendment note under section 300gg44 of this title.