U.S. Department of Labor
Health Benefits Advisor for Employers
Determining Compliance with the Newborns' Act Provisions in Part 7 of ERISA
Plan Compliance Results
The Newborns' and Mothers' Health Protection Act (the Newborns' Act) provides protections for mothers and their newborn children relating to the length of their hospital stays following childbirth.
Generally, Newborns' Act compliance requirements are as follows:
- Plans must offer mothers and their newborns hospital stays of no less than 48 hours in the case of a vaginal delivery, and no less than 96 hours in the case of a cesarean section;
- Plans may not require that a provider (such as a doctor) obtain authorization from the plan to prescribe a 48/96-hour hospital stay following delivery;
- Plans may not permit incentives or penalties with respect to mothers or attending providers; and
- Plans must comply with the notice provisions relating to hospital lengths of stay in connection with childbirth
Model language for the Federal Newborns' Act disclosure requirement is available. Correct use of the model will generally assure compliance with the regulatory requirements.
Based on your responses, your plan appears to be in compliance with the following Newborns' Act provisions:
Based on your responses, your plan does NOT appear to be in compliance with the following Newborns' Act provisions:
For those plans with coverage that is insured by an insurance company or HMO, contact your State insurance department for the most current information on the State laws that pertain to hospital length of stay in connection with childbirth.
Note: If you would like to review the information provided within this Advisor, you may select that issue above and it will take you back to that section in the Health Benefits Advisor where you can reread the description and answer the question again. This Advisor provides general guidance and users are encouraged to review their specific health plan or health plan options in conjunction with the general information provided. In addition, the Advisor does not address health benefits offered through Federal, state, or local government plans or church plans.
Determine compliance with other applicable ERISA Laws:
The following health laws under Title I of ERISA may apply to your employer sponsored group health plan. You may select the following laws to determine compliance.
- Consolidated Omnibus Budget Reconciliation Act (COBRA)
- Health Insurance Portability and Accountability Act (HIPAA)
- Mental Health Parity Act (MHPA) and Mental Health Parity and Addiction Equity Act (MHPAEA)
- Women's Health and Cancer Rights Act (WHCRA)
- Genetic Information Nondiscrimination Act (GINA)
- Michelle's Law
For more information on the Newborns' Act visit:
- Compliance Assistance Guides
- NMHPA Self-Audit Checklist for Employers
- Fact Sheet
- Chart of Required Notices
- Model Language for Disclosure
- Statute
- Regulations
For more information on Compliance Assistance visit:
The Affordable Care Act (ACA) provides additional health protections. This website does not reflect the passage of the ACA. For an overview of the Affordable Care Act, please visit the ACA Summary. For regulations, guidance and additional information, please visit the Department of Labor's ACA webpage.
