Ch. 681

1994 LAWS OF MARYLAND

(1991 Replacement -Volume and 1993 Supplement)

Preamble

WHEREAS, Phenylketonuria (PKU) is a cause of severe mental retardation and
can be prevented if diagnosed within the first three weeks after childbirth; and

WHEREAS, The State's laws direct the screening of newborn infants for
hereditary and congenital disorders in the hospital prior to discharge; and

WHEREAS, Hospital stays of less than 24 hours after childbirth typically result in
unsatisfactory PKU specimens as a result of insufficient milk feedings, and the incidence
of unsatisfactory PKU specimens has risen from 5% in 1989, to 30% in the second half of
1992, to 40% in 1993, and 25% of infants with unsatisfactory PKU specimens never
receive a subsequent screening; and

WHEREAS, Insurers and nonprofit health service plans have implemented
benefit plans generally covering no more than 24 hours of postpartum stay in a hospital,
despite little or no scientific support for the efficacy and safety of this policy for the
general population; and

WHEREAS, The Guide to Perinatal Care, published by the American Academy
of Pediatrics and the American College of Obstetrics and Gynecology, recommends a
hospital stay of 48 hours after childbirth; and

WHEREAS, It is the intent of the General Assembly to maximize the prevention
of PKU and other hereditary and congenital disorders; now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland, read as follows:

Article 48A - Insurance Code

490W.                                         

(A)     (1) IN THIS SECTION THE FOLLOWING TERMS HAVE THE MEANINGS
INDICATED.

(2) "CONTRACT OR POLICY" MEANS A CONTRACT OR POLICY OF
HEALTH INSURANCE DELIVERED OR ISSUED FOR DELIVERY WITHIN THIS STATE TO
AN EMPLOYER OR AN INDIVIDUAL ON A GROUP OR INDIVIDUAL BASIS THAT
PROVIDES COVERAGE FOR HEALTH CARE ON AN EXPENSE INCURRED BASIS.

(3) "LICENSED HEALTH CARE PROVIDER" MEANS AN INDIVIDUAL
LICENSED OR CERTIFIED UNDER THE HEALTH OCCUPATIONS ARTICLE.

(B)     AN INSURER OR NONPROFIT HEALTH SERVICE PLAN SHALL PREPARE IN
CLEAR LANGUAGE A WRITTEN STATEMENT THAT DISCLOSES THE MANAGED CARE
AND COST CONTROL FEATURES OF THE CONTRACT OR POLICY, ALONG WITH ALL
APPROPRIATE MAILING ADDRESSES AND TELEPHONE NUMBERS TO BE UTILIZED IN
SEEKING INFORMATION OR AUTHORIZATION, FOR COVERAGE OF:

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