New Law Sets Care Standard for Mothers, Newborns

SACRAMENTO — A bill to protect mothers and their newborns from the hazards of so-called “drive-through deliveries” was signed into law by Gov. Pete Wilson on Wednesday and takes effect immediately.

The new law requires HMOs and insurance companies to cover at least 48 hours of maternity care after a normal delivery and a minimum stay of 96 hours after a caesarean section.

An earlier discharge is permitted if a physician and the mother desire it--and if the insurance plan provides for a post-discharge follow-up visit.

Assemblywoman Liz Figueroa (D-Fremont), the bill’s author, said the law would ensure that mothers are not rushed out of their hospital beds too soon after childbirth and that babies “begin their life in a healthy, positive way.

“Many studies have shown that this first 48 hours after birth are crucial to make sure infants get a good start,” Figueroa said in an interview.

Supporters of the bill said the new law would protect women from hospital discharges that are hastened to please insurance companies--but may in some cases be premature.

“The physician should feel free to keep the patient as long as is necessary for the mother’s sake and the baby’s sake. But that’s not always the case,” said Dr. John Mahnke, president of the California Assn. of Obstetricians and Gynecologists.

Figueroa introduced the bill in 1996 in response to numerous complaints from mothers who said they were being sent home as early as eight hours after delivery. Figueroa and others said the early discharges were motivated by overzealous efforts to cut health care costs.

But the California Assn. of HMOs, among others, argued that earlier maternity discharges posed no greater risk than longer hospital stays. They also argued that it was inappropriate for government to mandate medical decisions.

Such opposition killed the bill last session. But following the adoption of a similar law in Congress last year--which will not go into effect until January 1998-- many California lawmakers supported Figueroa’s bill. Indeed, she won two-thirds passage of the legislation in both houses--making it an “urgency measure” that takes effect immediately, rather than on Jan. 1.

Also Wednesday, Wilson signed a bill authored by Figueroa that requires the California Medical Board to collect and post on the Internet physician information including reports of hospital disciplinary actions, malpractice awards, criminal convictions and discipline measures taken by the Medical Board.