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[Billing Codes: 4120-01-P; 4830-01-P; 4510-29-P] - page 82 / 83

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a delivery by cesarean section.

(ii) The State law requires the coverage to provide for maternity and pediatric care in accordance with guidelines established by the American College of Obstetricians and Gynecologists, the American Academy of Pediatrics, or any other established professional medical association.

(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) Relation to preemption provisions

section 2762(a) of the PHS Act. contained in section 2762(a) of

The the PHS

Act

and § 148.210(b) paragraph (e)(1)

do of

not supersede this section.

a

State

law

described

in

(f)

Effective date. Section 2751 of the PHS Act applies to

health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after

January 1, 1998. coverage offered, in the individual

This section applies to health insurance sold, issued, renewed, in effect, or operated market on or after January 1, 1999.

82

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