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:
health plan buys group that requires that the
a vaginal following
delivery and at least a 96-hour a delivery by cesarean section.
In this Example 1, the coverage is subject to
law, and the requirements section do not apply.
State and this
Example 2. hospital lengths
A self-insured group health plan
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.
(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
group health plans, and health insurance issuers offering group
health insurance coverage, for plan years beginning on or after