News Release

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Release Date: October 17, 2008
Release Number: 08-1281-NAT
Contact Name: Gloria Della/Richard Manning
Phone Number: 202.693.8664/202.693.4676

Federal agencies finalize rules on Newborns’ and Mothers’ Health Protection Act

Washington – The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA), the Internal Revenue Service, and the U.S. Department of Health and Human Services today announced the publication of final rules that provide guidance in complying with the provisions of the Newborns’ and Mothers’ Health Protection Act.

The act generally provides protections on the length of time mothers and their newborn infants may stay in the hospital following childbirth. Group health plans and health insurance issuers may not restrict benefits for a hospital stay in connection with childbirth to less than 48 hours (or 96 hours following a cesarean section). An exception provides that an attending provider, in consultation with the mother, is free to discharge earlier. The statute contains a list of prohibitions to ensure that the exception does not result in early discharges that may adversely affect the health of the mother or newborn.

The final rules replace interim final rules adopted in 1998, clarifying several issues regarding the application of the law. The final rules are to be published in the October 20 edition of the Federal Register. The rules will be applicable on the first day of the first plan year on or after January 1, 2009.

For more information about the Newborns’ and Mothers’ Health Protection Act, contact EBSA toll-free at 866.444.3272 or visit the agency’s Web site at www.dol.gov/ebsa.

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