Standards relating to benefits for mothers and newborns

A group health plan, and a health insurance issuer offering group health insurance coverage, may not— except as provided in paragraph (2)— Paragraph (1)(A) shall not apply in connection with any group health plan or health insurance issuer 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. A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not— Nothing in this section shall be construed to require a mother who is a participant or beneficiary— The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 1022(a)(1) 11 See References in Text note below. of this title, for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 1024(b)(1) of this title with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply. Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. The requirements of this section shall not apply with respect to health insurance coverage if there is a State law (as defined in section 1191(d)(1) of this title) for a State that regulates such coverage that is described in any of the following subparagraphs: Section 1191(a)(1) of this title shall not be construed as superseding a State law described in paragraph (1).