A prior section 2704 of act July 1, 1944, was successively renumbered by subsequent acts and transferred, see section 238c of this title.

Section 604(c) of Pub. L. 104–204 provided that: “The amendments made by this section [enacting this section and amending sections 300gg–21 and 300gg–23 of this title] shall apply with respect to group health plans for plan years beginning on or after January 1, 1998.”

Section 602 of title VI of Pub. L. 104–204 provided that: “Congress finds that—

“(1) the length of post-delivery hospital stay should be based on the unique characteristics of each mother and her newborn child, taking into consideration the health of the mother, the health and stability of the newborn, the ability and confidence of the mother and the father to care for their newborn, the adequacy of support systems at home, and the access of the mother and her newborn to appropriate follow-up health care; and

“(2) the timing of the discharge of a mother and her newborn child from the hospital should be made by the attending provider in consultation with the mother.”

Pub. L. 104–204, title VI, § 606, Sept. 26, 1996, 110 Stat. 2942, directed the Secretary of Health and Human Services to establish an advisory panel and conduct a study of the factors determining the length of hospital stay following childbirth, the diversity of negative or positive outcomes affecting mothers, infants, and families, the manner in which post natal care changed over time and the manner in which that care adapted or related to changes in the length of hospital stay, and the financial incentives that impact the health of newborns and mothers and influence the clinical decision making of health care providers, and to submit a final report to Congress not later than 5 years after Sept. 26, 1996, summarizing the study and the best practices used in the public and private sectors for the care of newborns and mothers, and making recommendations for improvements in prenatal care, post natal care, delivery and follow-up care, and whether the implementation of such improvements should be accomplished by the private health care sector, Federal or State governments, or any combination thereof.