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Does anybody know if it is a law........

Is it a law that you HAVE to stay so long in the hospital after having a baby? I always leave 24hrs later but who say's how long I have to stay? I can't have a homebirth this time around and I hate being at the hospital! I live in Michigan


Asked by mommyqua at 6:25 PM on Jan. 28, 2009 in Pregnancy

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This question is closed.
Answers (17)
  • I don't know your area but medicaid does cover birth centers and has covered CNM's/CPM's who do homebirths so try and do a search.

    Also, have you thought about a UC? I am assuming you have a low risk pregnancy. Go to for more info. It's what my dh and I are doing and we have insurance. I am doing shadow care with an OB just in case there are any complications, but I have a very healthy pregnancy and my body was definitely made to deliver babies.

    Answer by celticreverie at 7:38 PM on Jan. 28, 2009

  • No, I don't believe it is a law. Your doctor (or attending physician) is the one who needs to sign the discharge papers--so if he/she is good, then I guess it's fine! I'd discuss it with your doctor as part of your birth plan.

    Answer by LoriKeet at 6:27 PM on Jan. 28, 2009

  • There is no law about how long you have to stay. If you leave early they may have you sign a piece of paper saying that you are leaving against medical advice and that they are not liable if something happens. The law on this says that insurance has to cover 48 hours for a vaginal delivery and 72 hours for c-section.
    There may be an exception regarding the baby though. If they don't feel like the baby is ready they may have the power to refuse to discharge. I am not sure.

    Answer by kemclaughlin at 6:28 PM on Jan. 28, 2009

  • From my experience, you have to stay until the doctor feels that you are rested/healed enough to go home or there are no complications from the birth. Usually it is only 24 hours before they release you.

    Answer by vbongard at 6:29 PM on Jan. 28, 2009

  • They can't keep you there if you don't want to stay. They can make you sign a form that says you signed out against doctors' advice, but they can't make you stay. The only problem comes in here...if you sign such a form and then have a major problem, insurance can refuse to cover it. Best wishes.

    Answer by Anonymous at 6:32 PM on Jan. 28, 2009

  • I think they are more worried about keeping their eyes on the newborn and not so much the mother (unless there was an actual medical procedure done). Most hospitals like to keep their eye on the babies for breahting and jaundice.

    I don't think it's a law but if you leave and have comlications later, there's no screaming "medical malpractice". They're probably covering their butts as well.

    Answer by ReneeK3 at 6:32 PM on Jan. 28, 2009

  • you can always sign out of the hospital ama but i wouldnt suggest it thats why they call it AGAINST medical advice

    Answer by Anonymous at 6:33 PM on Jan. 28, 2009

  • They can't make you stay. I mean you can hop up and sign yourself and baby out, but there is a chance that there will be repercussions with social services. Doctors get angry if you undermine their importance...go figure. It could possibly be considered child endangerment. Have you tried telling your OB this fact. Mine let me go a day earlier than he wanted to because i whined til he agreed.

    Answer by Lovemybabies885 at 6:37 PM on Jan. 28, 2009

  • why can't you have a homebirth? or go to a birth center at least?

    Answer by squish at 6:45 PM on Jan. 28, 2009

  • I can't find anybody in my area that does homebirths and Im not sure if Medicaid will
    cover it. We can't afford to pay for it out of our pocket right now. I had my 4th baby at a birthcenter in Florida and loved it. Then with my 5th the hospital again ugh! I really wanted to have a homebirth this time around. I live in Portage Michigan if anybody can find anywhere or anyone!

    Answer by mommyqua at 7:00 PM on Jan. 28, 2009