Glossary

Term · Birth and the First Days

Newborns' and Mothers' Health Protection Act

Also: NMHPA, 48-hour law, Newborns and Mothers Health Protection Act

A 1996 federal law that requires insurers that cover childbirth to also cover a minimum hospital stay after birth. It does not require the stay itself.

In plain words

The Newborns' and Mothers' Health Protection Act is a federal law passed in 1996. It applies to most group health plans that cover childbirth. If a baby is born vaginally, the plan must cover at least 48 hours in the hospital for the mother. After a , it must cover at least 96 hours. The length of stay is decided by the mother and her clinician. The law protects coverage. It does not make the stay mandatory. Many mothers are discharged earlier, and some stay longer for medical reasons. Mothers often hear about this law when they ask an insurer whether a hospital stay will be paid for.

The deeper version

The Act amended the Public Health Service Act, the Employee Retirement Income Security Act, and the Internal Revenue Code. It sets minimum inpatient coverage of 48 hours after vaginal delivery and 96 hours after cesarean delivery, with early discharge permitted when the attending clinician and the mother agree. It establishes a floor for payment, not a mandated length of stay. Mean post-partum length of stay in the United States fell through the 1990s and 2000s, and the Act was widely credited with limiting drive-through deliveries. Enforcement rests with the Department of Labor, the Department of Health and Human Services, and the Department of the Treasury.

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Sources

  • U.S. Congress — Newborns' and Mothers' Health Protection Act of 1996, Public Law 104-204
  • U.S. Department of Labor, Employee Benefits Security Administration — Newborns' and Mothers' Health Protection Act: frequently asked questions

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