To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to require group health plans and group and individual health insurance coverage to provide post-delivery follow-up care for mothers and newborns discharged less than 48 hours following a vaginal delivery or less than 96 following a delivery by cesarean section.

Summary: Amends the Public Health Service Act (PHSA), the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to require that, when an attending provider and the mother decide to discharge the mother or her newborn prior to specified minimum inpatient periods following delivery, the group health plan or insurer offering coverage provide coverage for timely post-delivery care in any of specified settings, as selected by the mother.  Applies the requirement to coverage in the individual market under specified provisions of the PHSA.

SECTION 1. REQUIREMENT FOR POST-DELIVERY FOLLOW-UP CARE FOR EARLY 
              HOSPITAL DISCHARGES AFTER CHILDBIRTH.

    (a) Public Health Service Act Amendment.--
            (1) Group health coverage.--Section 2704(a) of the Public 
        Health Service Act (42 U.S.C. 300gg-4(a)) is amended--
                    (A) in paragraph (2), by striking ``Paragraph'' and 
                inserting ``Subject to paragraph (3), paragraph'', and
                    (B) by adding at the end the following new 
                paragraph:
            ``(3) Requiring coverage of post-delivery follow-up care.--
                    ``(A) In general.--In the case of a decision 
                described in paragraph (2) (relating to early 
                discharge), the group health plan or health insurance 
                issuer offering the coverage shall provide coverage for 
                timely post-delivery care in any of the following 
                settings (as selected by the mother): the mother's 
                home, a provider's office, a hospital, a federally 
                qualified health center, a federally qualified rural 
health clinic, a State health department maternity clinic, or another 
setting (which may include a birthing center or an intermediate care 
facility) determined appropriate under regulations promulgated by the 
Secretary.
                    ``(B) Timely care.--For purposes of subparagraph 
                (A), the term `timely post-delivery care' means health 
                care that is provided--
                            ``(i) to a mother and her newborn child 
                        following the discharge of a mother and her 
                        newborn child from the hospital;
                            ``(ii) by a registered nurse, physician (as 
                        defined in section 1861(r)(1) of the Social 
                        Security Act), nurse practitioner, nurse 
                        midwife, or physician assistant experienced in 
                        maternal and child health, as selected by the 
                        mother; and
                            ``(iii) in a manner that meets the health 
                        care needs of the mother and her newborn child, 
                        that provides for the appropriate monitoring of 
                        the conditions of the mother and child, and 
                        that occurs within 72 hours following 
                        discharge.
                    ``(C) Consistency with state law.--The Secretary 
                shall, with respect to regulations promulgated under to 
                carry out this paragraph and concerning appropriate 
                post-delivery care settings, ensure that, to the extent 
                practicable, such regulations are consistent with State 
                licensing and practice laws.''.
            (2) Application to individual health insurance coverage.--
        The amendments made by paragraph (1) apply to health insurance 
        coverage in the individual market under section 2751(a) of the 
        Public Health Service Act (42 U.S.C. 300gg-51).
    (b) ERISA Amendments.--Section 711(a) of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1185(a)) is amended--
            (1) in paragraph (2), by striking ``Paragraph'' and 
        inserting ``Subject to paragraph (3), paragraph'', and
            (2) by adding at the end the following new paragraph:
            ``(3) Requiring coverage of post-delivery follow-up care.--
                    ``(A) In general.--In the case of a decision 
                described in paragraph (2) (relating to early 
                discharge), the group health plan or health insurance 
                issuer offering the coverage shall provide coverage for 
                timely post-delivery care in any of the following 
                settings (as selected by the mother): the mother's 
                home, a provider's office, a hospital, a federally 
                qualified health center, a federally qualified rural 
                health clinic, a State health department maternity 
                clinic, or another setting (which may include a 
                birthing center or an intermediate care facility) 
                determined appropriate under regulations promulgated by 
                the Secretary.
                    ``(B) Timely care.--For purposes of subparagraph 
                (A), the term `timely post-delivery care' means health 
                care that is provided--
                            ``(i) to a mother and her newborn child 
                        following the discharge of a mother and her 
                        newborn child from the hospital;
                            ``(ii) by a registered nurse, physician (as 
                        defined in section 1861(r)(1) of the Social 
                        Security Act), nurse practitioner, nurse 
                        midwife, or physician assistant experienced in 
                        maternal and child health, as selected by the 
                        mother; and
                            ``(iii) in a manner that meets the health 
                        care needs of the mother and her newborn child, 
                        that provides for the appropriate monitoring of 
                        the conditions of the mother and child, and 
                        that occurs within 72 hours following 
                        discharge.
                    ``(C) Consistency with state law.--The Secretary 
                shall, with respect to regulations promulgated under to 
                carry out this paragraph and concerning appropriate 
                post-delivery care settings, ensure that, to the extent 
                practicable, such regulations are consistent with State 
                licensing and practice laws.''.
    (c) Internal Revenue Code of 1986 Amendment.--Section 9811 of the 
Internal Revenue Code of 1986, as inserted by section 1531(a)(4) of the 
Taxpayer Relief Act of 1997, is amended--
            (1) in paragraph (2), by striking ``Paragraph'' and 
        inserting ``Subject to paragraph (3), paragraph'', and
            (2) by adding at the end the following new paragraph:
            ``(3) Requiring coverage of post-delivery follow-up care.--
                    ``(A) In general.--In the case of a decision 
                described in paragraph (2) (relating to early 
                discharge), the group health plan or health insurance 
                issuer offering the coverage shall provide coverage for 
                timely post-delivery care in any of the following 
                settings (as selected by the mother): the mother's 
                home, a provider's office, a hospital, a federally 
                qualified health center, a federally qualified rural 
                health clinic, a State health department maternity 
                clinic, or another setting (which may include a 
                birthing center or an intermediate care facility) 
                determined appropriate under regulations promulgated by 
                the Secretary.
                    ``(B) Timely care.--For purposes of subparagraph 
                (A), the term `timely post-delivery care' means health 
                care that is provided--
                            ``(i) to a mother and her newborn child 
                        following the discharge of a mother and her 
                        newborn child from the hospital;
                            ``(ii) by a registered nurse, physician (as 
                        defined in section 1861(r)(1) of the Social 
                        Security Act), nurse practitioner, nurse 
                        midwife, or physician assistant experienced in 
                        maternal and child health, as selected by the 
                        mother; and
                            ``(iii) in a manner that meets the health 
                        care needs of the mother and her newborn child, 
                        that provides for the appropriate monitoring of 
                        the conditions of the mother and child, and 
                        that occurs within 72 hours following 
                        discharge.
                    ``(C) Consistency with state law.--The Secretary 
                shall, with respect to regulations promulgated under to 
                carry out this paragraph and concerning appropriate 
                post-delivery care settings, ensure that, to the extent 
                practicable, such regulations are consistent with State 
                licensing and practice laws.''.
    (d) Effective Dates.--
            (1) In general.--Subject to paragraph (2), the amendments 
        made by this section shall apply with respect to--
                    (A) group health plans, and health insurance 
                coverage offered in connection with group health plans, 
                for plan years beginning after January 1, 1999; and
                    (B) health insurance coverage offered, sold, 
                issued, renewed, in effect, or operated in the 
                individual market after such date.
            (2) Special rule for collective bargaining agreements.--In 
        the case of a group health plan maintained pursuant to one or 
        more collective bargaining agreements between employee 
        representatives and one or more employers ratified before the 
        date of the enactment of this Act, the amendments made by this 
        section shall not apply to plan years beginning before the 
        later of--
                    (A) the date on which the last of the collective 
                bargaining agreements relating to the plan terminates 
                (determined without regard to any extension thereof 
                agreed to after the date of the enactment of this Act), 
                or
                    (B) January 1, 1999.
        For purposes of subparagraph (A), any plan amendment made 
        pursuant to a collective bargaining agreement relating to the 
        plan which amends the plan solely to conform to any requirement 
        imposed under an amendment made by this Act shall not be 
        treated as a termination of such collective bargaining 
        agreement.