US Code

Public Law 119-102 (07/12/2026)

42 U.S.C. § 300gg–51

Standards relating to benefits for mothers and newborns

Section text and notes

(a)

In general

1

1 See References in Text note below.
The provisions of section 2704  (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

section 1185(d) of title 29A health insurance issuer under this part shall comply with the notice requirement under 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

1The 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 Pub. L. 104–204, title VI, § 605(a)(4)110 Stat. 2941 (, title XXVII, § 2751, as added , , .)

Editorial Notes

References in Text

section 300gg–4 of this titlePub. L. 111–148, title I124 Stat. 130 section 300gg–25 of this titlePub. L. 111–148, title I124 Stat. 154 section 300gg–3 of this titleSection 2704, referred to in subsec. (a), is a reference to section 2704 of act . Section 2704, which was classified to , was renumbered section 2725, and amended by , §§ 1001(2), 1563(c)(3), formerly § 1562(c)(3), title X, § 10107(b)(1), , , 265, 911, and was transferred to . A new section 2704 of act , related to prohibition of preexisting condition exclusions or other discrimination based on health status, was added, effective for plan years beginning on or after , with certain exceptions, and amended, by , §§ 1201(2), 1563(c)(1), formerly § 1562(c)(1), title X, § 10107(b)(1), , , 264, 911, and is classified to .

Section 300gg–23(d)(1) of this titlePub. L. 111–148, title I124 Stat. 130 , 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 , to reflect the probable intent of Congress and the renumbering of section 2723 as 2724 by , §§ 1001(4), 1563(c)(14)(B), formerly § 1562(c)(14)(B), title X, § 10107(b)(1), , , 269, 911.

Statutory Notes and Related Subsidiaries

Effective Date

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