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[Billing Codes: 4120-01-P; 4830-01-P; 4510-29-P] - page 69 / 83

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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) Relation to preemption provisions

section 2723(a) of the PHS Act. contained in section 2723(a)(1)

The of the PHS

Act and § 146.143(a) do not supersede a State law described in paragraph (e)(1) of this section.

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

paragraph

(e)

are

Example 1.

(i)

insurance

coverage

in

A a

group State

health plan buys group that requires that the

health coverage

provide

for

at

least

a

48-hour

hospital

length

of

stay

following

a vaginal following

delivery and at least a 96-hour a delivery by cesarean section.

hospital

length

of

stay

(ii)

In this Example 1, the coverage is subject to

law, and the requirements section do not apply.

of

section

2704

of

the

PHS

Act

State and this

Example 2. hospital lengths

(i)

of

A self-insured group health plan

stay

in

connection

with

childbirth

covers in a State

that requires health insurance coverage to provide for maternity care in accordance with guidelines established by the American College of Obstetricians and Gynecologists and to provide for pediatric care in accordance with guidelines established by the American Academy of Pediatrics.

the the

(ii) In this Example criterion of paragraph plan provides benefits

2, even though the State law satisfies (e)(1)(ii) of this section, because for hospital lengths of stay in

connection with childbirth other coverage, the plan is subject to of the PHS Act and this section.

than through health the requirements of

insurance section 2704

(f)

Effective

date.

Section

2704

of

the

PHS

Act

applies

to

group health plans, and health insurance issuers offering group

health insurance coverage, for plan years beginning on or after

January

1,

1998.

This

section

applies

to

group

health

plans,

and

69

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