If an ERISA plan states that parents have 30 days to enroll a newborn under the Newborns' and Mother's Health Protection Act, is the newborn automatically covered for the first 29 days if he/she is not enrolled in the plan?

The Newborns' and Mothers' Health Protection Act protects mothers and their newborn children regarding the length of hospital stay following childbirth. I am not aware of anything in the act which relates to enrollments. HIPAA does have special enrollment rules which allow adding a newborn when requested within 30 days of the birth. This does not mean that the newborn is automatically covered during that 30 day period if the request to add the newborn is not made.

If the plan provides coverage through an insurance contract, be sure to check your state law regarding this. In any case, check the plan language. Most, if not all, of our plans include an automatic coverage for the first 30 days. I think this is a very fair way to treat your enrollees. You would not believe the trouble we have getting people to enroll their dependents within the 30 days after birth--I can't imagine expecting them to enroll them beforehand.