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Newborns' and Mothers' Health Protection Act (NMHPA) Notice

Explains minimum hospital-stay protections following childbirth (48 hours vaginal / 96 hours cesarean). Include in the SPD or annual enrollment materials.

Companies Eligible

Every group health plan that provides maternity or newborn coverage — effectively every medical plan.

Many states have an equivalent rule that applies to insured plans; the federal statement still satisfies the plan's obligation.

What it is

The notice explains that the plan cannot limit a hospital stay after childbirth to less than 48 hours (vaginal delivery) or 96 hours (cesarean), or require precertification for those stays.

What needs to be done

  • When: It must be in the SPD. Repeating it in the annual packet keeps it in front of participants and covers plans whose SPD is out of date.
  • To whom: Participants and beneficiaries.
  • Who performs: Employer; carriers include it in insured plan certificates.
  • Customize: Plan name.
  • Deliver: With the SPD and the annual packet. Paper by hand or first-class mail to the home always works. Electronic delivery meets the DOL safe harbor only for employees who use a computer where they work as an integral part of their duties; anyone else (spouses, former employees, employees without work computers) has to consent in advance. In July 2026 DOL proposed a notice-and-access electronic delivery safe harbor for group health plans; until it is final, these remain the rules.
  • Keep: Packet contents by year.

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