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[Billing Codes: 4120-01-P; 4830-01-P; 4510-29-P] - page 41 / 83

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(iii) The State law requires, in connection with the coverage for maternity care, that the

hospital length of stay for such care is left to the decision of (or is required to be made by) the

attending provider in consultation with the mother. State laws that require the decision to be

made by the attending provider with the consent of the mother satisfy the criterion of this

paragraph (e)(1)(iii).

(2) Group health plans — (i) Fully-insured plans. For a group health plan that provides

benefits solely through health insurance coverage, if the State law regulating the health insurance

coverage meets any of the criteria in paragraph (e)(1) of this section, then the requirements of

section 9811 and this section do not apply.

(ii) Self-insured plans. For a group health plan that provides all benefits for hospital

lengths of stay in connection with childbirth other than through health insurance coverage, the

requirements of section 9811 and this section apply.

(iii) Partially-insured plans. For a group health plan that provides some benefits through

health insurance coverage, if the State law regulating the health insurance coverage meets any of

the criteria in paragraph (e)(1) of this section, then the requirements of section 9811 and this

section apply only to the extent the plan provides benefits for hospital lengths of stay in

connection with childbirth other than through health insurance coverage.

(3) Preemption provisions under ERISA. See 29 CFR 2590.711(e)(3) regarding how

rules parallel to those under paragraph (e)(1) of this section relate to other preemption provisions

under the Employee Retirement Income Security Act of 1974.

(4) Examples. The rules of this paragraph (e) are illustrated by the following examples:

Example 1. (i) A group health plan buys group health insurance coverage in a State that

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