childbirth - newborn expenses under HDHP

[jstorch]

Is anyone aware of any guidance that would let a HDHP cover the expenses of a newborn incurred in the period immediately after childbirth until release of the child and mother if a) the newborn's expenses are billed out separately from the mother's and b) the plan has separate deductibles for each family member?

(If the child returns to the hospital, it has to satisfy its separate deductible before coverage.)

On its face, this seems to violate the restriction on coverage before the deductible is met. However, if the charges were instead imposed on the mother and the mother's deductible is met (likely in childbirth), then the expenses could be covered. This result seems based more on form than on what's actually happening. Any thoughts?