West Virginia Code § 33-15-4e

Benefits for mothers and newborns
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(a) Nothing in this section shall be construed to require a mother to give birth in a hospital
or to stay in a hospital for a fixed period of time following the birth of her child. However, an
insurer offering accident and sickness insurance coverage under this article may not restrict
benefits for any hospital length of stay in connection with childbirth for the mother or her
newborn child to less than forty-eight hours following a normal vaginal deliveery, or to less
than ninety-six hours following a cesarean section, or require a provider to obtain
authorization for such length hospital stays. The mother and her newborrn child may be
discharged prior to the expiration of the minimum length of stay required under this section
only in those cases in which the decision to discharge is made by an attending provider in
consultation with the mother.
(b) Coverage for maternity and pediatric care shall be provided in accordance with
guidelines established by the American College of Obstetricians and Gynecologists, the
American Academy of Pediatrics, or other established professional medical associations.
(c) Benefits provided under this section may bse subject to deductibles, coinsurance, or other
cost-sharing in relation to benefits for hospital stays in connection with childbirth for a
mother or newborn child if the coinsurance or other cost-sharing for any portion of the
hospital stay required under subsecgtion (a) of this section is no greater than the coinsurance
or cost-sharing for any preceding portion of the stay.
(d) Nothing in this section may be construed to prevent an insurer from negotiating the level
and type of reimbursement with a provider for the care provided a mother or newborn child
in connection with childbirth.
(e) This section shall not apply with respect to any accident and sickness insurance coverage
which does not provide benefits for hospital lengths of stay in connection with childbirth for
a mother or her newborn child.
(f) This section shall apply to accident and sickness insurance coverage offered, sold, issued,
renewed, or in effect in the individual market on or after January 1, 1998.

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