Page:United States Statutes at Large Volume 111 Part 1.djvu/1105

 PUBLIC LAW 105-34—AUG. 5, 1997 111 STAT. 1081 " Subchapter A—Requirements Relating to Portability, Access, and Renewability "Sec. 9801. Increased portability through limitation on preexisting condition exclusions. "Sec. 9802. Prohibiting discrimination against individual participants and beneficiaries based on health status. "Sec. 9803. Guaranteed renewability in multiemployer plans and certain multiple employer welfare arrangements.', (2) by redesignating sections 9804, 9805, and 9806 as sections 9831, 9832, and 9833, respectively, (3) by inserting before section 9831 (as so redesignated) the following: "Subchapter C—General Provisions "Sec. 9831. General exceptions. "Sec. 9832. Definitions. "Sec. 9833. Regulations.", and (4) by inserting after section 9803 the following: "Subchapter B—Other Requirements "Sec. 9811. Standards relating to benefits for mothers and newborns. "Sec. 9812. Parity in the application of certain limits to mental health benefits. "SEC. 9811. STANDARDS RELATING TO BENEFITS FOR MOTHERS AND NEWBORNS. "(a) REQUIREMENTS FOR MINIMUM HOSPITAL STAY FOLLOWING BIRTH.— "(1) IN GENERAL. —A group health plan may not— "(A) except as provided in paragraph (2)— "(i) restrict benefits for any hospital length of stay in connection with childbirth for the mother or newborn child, following a normal vaginal delivery, to less thsin 48 hours, or "(ii) restrict benefits for any hospital length of stay in connection with childbirth for the mother or newborn child, following a caesarean section, to less than 96 hours; or "(B) require that a provider obtain authorization from the plan or the issuer for prescribing any length of stay required under subparagraph (A) (without regard to paragraph (2)). "(2) EXCEPTION. —Paragraph (1)(A) shall not apply in connection with any group health plan in any case in which the decision to discharge the mother or her newborn child prior to the expiration of the minimum length of stay otherwise required under paragraph (1)(A) is made by an attending provider in consultation with the mother. " (b) PROHIBITIONS.— A group health plan may not— "(1) deny to the mother or her newborn child eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; "(2) provide monetary payments or rebates to mothers to encourage such mothers to accept less than the minimum protections available under this section;

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