Newborn Baby and Mother Protection Act; Legislative Findings and Declaration

  1. Law
  2. Georgia Code
  3. Insurance
  4. Insurance Generally
  5. General Provisions
  6. Newborn Baby and Mother Protection Act; Legislative Findings and Declaration

Checkout our iOS App for a better way to browser and research.

The General Assembly finds and declares that:

  1. Whereas, until recently health care insurers covered costs of hospital stays of a mother and a newborn until they were discharged by a physician after a consultation with the mother. Now many insurers are refusing payment for a hospital stay that extends beyond 24 hours after an uncomplicated vaginal delivery and 48 hours after a cesarean delivery;
  2. There is sufficient scientific data to question the safety and appropriateness of such early releases from the hospital following delivery, particularly as it relates to the detection of many problems which if undiagnosed may pose life-threatening and costly complications and may require a longer period of observation by skilled personnel;
  3. Guidelines developed by the American Academy of Pediatrics and the American College of Obstetricians and Gynecologists recommend as a minimum that mothers and infants meet certain medical criteria and conditions prior to discharge, and it is unlikely that these criteria and conditions can be met in less than 48 hours following a normal vaginal delivery and 96 hours following a cesarean delivery;
  4. The length of postdelivery inpatient stay should be a clinical decision made by a physician based on the unique characteristics of each mother and her infant, taking into consideration the health of the mother, the health and stability of the baby, the ability and confidence of the mother to care for her baby, the adequacy of support systems at home, and access to appropriate follow-up care; and
  5. Requiring insurers to cover minimum postdelivery inpatient stays will allow identification of early problems with the newborn, prevent disability through appropriate use of metabolic screening, and help ensure that the family is able and prepared to care for the baby at home.

(Code 1981, §33-24-58.1, enacted by Ga. L. 1996, p. 409, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1996, this Code section, originally designated as Code Section 33-24-59, was redesignated as Code Section 33-24-58.1.

Editor's notes.

- Ga. L. 1996, p. 409, § 2, not codified by the General Assembly, provides: "All contracts relating to the provision of health care services in effect on the effective date of this Act shall be appropriately adjusted to reflect any change in services provided as required by this Act."

Ga. L. 1996, p. 409, § 3, not codified by the General Assembly, provides: "The provisions of this Act shall not be construed to apply to or in any way affect the provisions of the federal Employee's Retirement Income Security Act."


Download our app to see the most-to-date content.