New Jersey § 26:2j-4

§ 26:2j-4.

a. Every enrollee agreement that provides maternity benefits and is delivered, issued,

executed or renewed in this State pursuant to P.L.1973, c. 337 ( C.26:2J-1 et seq. ) or approved for issuance or renewal in this State by the Commissioner of Insurance

on or after the effective date of this act shall provide health care services for

a minimum of 48 hours of in-patient care following a vaginal delivery and a minimum

of 96 hours of in-patient care following a cesarean section for a mother and her newly

born child in a health care facility licensed pursuant to P.L.1971, c. 136 ( C.26:2H-1 et seq. ). The provisions of this section shall apply to enrollee agreements in which the health

maintenance organization has reserved the right to change the schedule of charges. b. Notwithstanding the provisions of subsection a. of this section, an enrollee agreement

that provides health care services for post-delivery care to a mother and her newly

born child in the home shall not be required to provide for a minimum of 48 hours

and 96 hours, respectively, of in-patient care unless such in-patient care is determined

to be medically necessary by the attending physician or is requested by the mother. For the purposes of this section, attending physician shall include the attending

obstetrician, pediatrician or other physician attending the mother or newly born child. c. Every health maintenance organization shall provide notice to enrollees regarding

the coverage required by this section in accordance with this subsection and regulations

promulgated by the Commissioner of Health pursuant to the “Administrative Procedure

Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ). The notice shall be in writing and prominently positioned in any literature or correspondence

and shall be transmitted at the earliest of: (1) the next mailing to the enrollee;

(2) the yearly informational packet sent to the enrollee; or (3) January 1, 1996.