Short answer: Generally no. Under the Newborns’ and Mothers’ Health Protection Act, a health plan that covers maternity care must pay for at least a 48-hour hospital stay after a vaginal birth, or 96 hours after a cesarean section. You and your doctor can agree to leave earlier, but the insurer cannot require it or pressure your provider to discharge you sooner.
The federal Newborns’ Act protects the length of your hospital stay after childbirth. Group health plans that offer maternity coverage must pay for at least a 48-hour hospital stay following childbirth, and 96 hours after a cesarean section. The plan cannot make you or your baby leave before then simply to save money.
By law, a plan may not restrict benefits for any hospital length of stay in connection with childbirth for the mother or newborn child, following a normal vaginal delivery, to less than 48 hours (or 96 hours after a cesarean). If you give birth in the hospital, the clock starts at delivery. Your attending provider can discharge you or the baby earlier, but only after consulting you, and the provider cannot be given incentives to send you home sooner. The law does not require you to stay the full time if you would rather leave.