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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
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.
U.S. Department of Labor news releases are accessible on the
Department's Newsroom
page. The information in this news release will be made available
in alternate format (large print, Braille, audio tape or
disc) from the COAST office upon request. Please specify which news release when
placing your request at 202.693.7828 or TTY 202.693.7755. The Labor Department is committed to providing America's employers and
employees with easy access to understandable information on how to comply
with its laws and regulations. For more information, please visit the
Department's Compliance
Assistance page.
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