WILLIAM DONALD SCHAEFER, Governor                        S.B. 792

Annotated Code of Maryland

(1990 Replacement Volume and 1993 Supplement)

(As enacted by Chapter 9 of the Acts of the General Assembly of 1993)

BY repealing and reenacting, with amendments,
Article 48A - Insurance Code
Section 354KK(c), 470AA(c), and 477KK(c)
Annotated Code 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.

- 3773 -