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Employee health plans are generally covered under the federal jurisdiction of the Employee Retirement Income Security Act (ERISA). Laws for women specifically include the Women’s Health and Cancer Rights Act of 1998, and Newborns’ and Mothers’ Health Protection Act of 1996. State insurance laws, however, do apply. The federal laws regarding women’s health rights include the following provisions:
The state has its own statutes governing breast reconstruction after mastectomies, in regard to new mothers; but they are similar to the federal requirements under the Women’s Health and Cancer Rights Act of 1998 and the Newborns’ and Mothers’ Health Protection Act of 1996.
The state also has laws governing cancer screening for women. These involve mammograms and cervical cytologic screenings.
However, the state laws provide for hormone replacement therapy if the plan covers prescriptions. It also has provisions for pre-delivery care, and, if a mother is discharged early from the hospital, for coverage for post-delivery care.
Contact
Department of Insurance, Securities, and Banking
Regulations
Title 31 (Insurance and Securities), Subtitle IV (Health and related insurance), Chapter 29 (Cancer prevention)
Breast reconstruction §31-3832
Hormone replacement §31-3834
New mothers §31-3802.01
Cancer screening §31-2902
Contact
Employee Benefits Security Administration (EBSA)
Regulations
See the text of the Women’s Health and Cancer Rights Act under Acts/Laws, Title 1, Subtitle B, Part 7, Subpart B; and the U.S. Code, Title 29, chapter 18, §1185b.
See also U. S. Code Title 29, chapter 18, §1185 for laws regarding mothers.
29 CFR 1604.10 (Employment policies relating to pregnancy and childbirth)
29 CFR chapter XXV (Parts 2509 – 2590)