Georgia Code
Article 1 - General Provisions
§ 33-24-58.2. Newborn Baby and Mother Protection Act; Minimum Health Benefit Policy Coverage; Prohibited Actions by Insurance Providers; Required Notice to Mother

In addition to such notice, the insurer shall also provide a notice to the expectant mother within 30 days following the date the insurer first learns that the expectant mother covered by maternity benefits of the health benefit policy is pregnant in substantially the following form:
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‘‘NOTICE The Newborn Baby and Mother Protection Act (Code Section 33-24-58.2 of the O.C.G.A.) requires that health benefit policies which provide maternity benefits must provide coverage for a minimum of 48 hours of inpatient care following a normal vaginal delivery and a minimum of 96 hours of inpatient care following a cesarean section for a mother and her newborn child. The care must be provided in a licensed health care facility. A decision to shorten the length of stay may be made only by the attending health care provider after conferring with the mother. If the stay is shortened, coverage must be provided for up to two follow-up visits with specified health care providers with the first visit being within 48 hours after discharge. After conferring with the mother, the health care provider must determine whether the initial visit will be conducted at home or at the office and whether a second visit is appropriate. Specified services are required to be provided at such visits.”
History. Code 1981, § 33-24-58.2 , enacted by Ga. L. 1996, p. 409, § 1; Ga. L. 2002, p. 613, § 1; Ga. L. 2005, p. 60, § 33/HB 95; Ga. L. 2009, p. 859, § 3/HB 509; Ga. L. 2019, p. 386, § 60/SB 133.
Cross references.
Medicaid coverage for lactation and postpartum care, § 49-4-159 .
Maternity supportive housing residences, § 49-5-25 .
The 2019 amendment, effective July 1, 2019, deleted “hospital service corporation, medical service corporation,” following “fraternal benefit society,” in paragraphs (a)(2) and (a)(3); substituted “the state” for “the State of Georgia” in the middle of paragraph (a)(2); deleted “on or after July 1, 1996,” following “Commissioner” in the middle of subsection (b); and deleted “mailed before January 1, 1997” following “literature” at the end of paragraph (f)(3).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1996, this Code section, originally designated as Code Section 33-24-60, was redesignated as Code Section 33-24-58.2.
Pursuant to Code Section 28-9-5, in 2005, quotation marks were added at the beginning and end of the insurer’s form.
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.

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