42 U.S.C. § 300gg–51 — Standards relating to benefits for mothers and newborns

(a) In general: The requirements of section 2704 (except subsections (d) and (f)) — the federal minimum hospital-stay rules for childbirth — apply to health coverage an insurer sells in the individual market the same way they apply to coverage sold in connection with a group health plan in the small or large group market. (b) Notice requirement: An insurer under this part must comply with the notice requirement in section 1185(d) of title 29 for the (a) requirements, as if that section applied to the insurer and the insurer were a group health plan. (c) Preemption; exception for health insurance coverage in certain States (1) In general: This section's requirements don't apply to coverage in a state that has its own law regulating that coverage and that does one of the following: (A) requires at least a 48-hour hospital stay after a normal vaginal delivery and at least a 96-hour stay after a cesarean section; (B) requires maternity and pediatric care to follow guidelines set by the American College of Obstetricians and Gynecologists, the American Academy of Pediatrics, or another established professional medical association; or (C) leaves the length of the maternity hospital stay to the decision of the attending provider, made together with the mother. (2) Construction: The general preemption rule in section 300gg–62(a) does not override a state law described in paragraph (1).