119-hr3910

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3910 Introduced in House

    (IH) ]

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119th CONGRESS
 1st Session
 H. R. 3910

 To amend title XXVII of the Public Health Service Act, the Employee 
 Retirement Income Security Act of 1974, and the Internal Revenue Code 
 of 1986 to allow parental choice in the selection of primary health 
 insurance coverage or primary coverage under a group health plan for 
 certain dependent children.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 June 11, 2025

Ms. Davids of Kansas (for herself and Mr. Evans of Colorado) introduced 
 the following bill; which was referred to the Committee on Energy and 
 Commerce, and in addition to the Committees on Ways and Means, and 
Education and Workforce, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
 within the jurisdiction of the committee concerned

_______________________________________________________________________

 A BILL

 To amend title XXVII of the Public Health Service Act, the Employee 
 Retirement Income Security Act of 1974, and the Internal Revenue Code 
 of 1986 to allow parental choice in the selection of primary health 
 insurance coverage or primary coverage under a group health plan for 
 certain dependent children.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Empowering Parents' Healthcare 
Choices Act''.

SEC. 2. ALLOWING PARENTAL CHOICE IN THE SELECTION OF PRIMARY HEALTH 
 INSURANCE COVERAGE OR PRIMARY COVERAGE UNDER A GROUP 
 HEALTH PLAN FOR CERTAIN DEPENDENT CHILDREN.

    (a) Public Health Service Act.--Part D of title XXVII of the Public 
Health Service Act (42 U.S.C. 300gg-111 et seq.) is amended by adding 
at the end the following new section:

``

SEC. 2799A-11. PARENTAL CHOICE OF PRIMARY HEALTH INSURANCE COVERAGE 
 OR PRIMARY COVERAGE UNDER A GROUP HEALTH PLAN FOR CERTAIN 
 DEPENDENT CHILDREN.

 ``

    (a) In General.--In the case of a dependent child of two 
individuals where both such individuals, at the time of birth of such 
child, are covered under separate policies of health insurance coverage 
offered by a health insurance issuer or separate group health plans, if 
both such policies of health insurance coverage or plans (as 
applicable) would provide coverage of such child, such health insurance 
coverage or plan (as applicable) shall provide primary coverage of such 
child if both such individuals submit to the issuer of such coverage or 
to such plan (as applicable), within 60 days of the birth of such child 
and in a manner specified by the Secretary, a notification electing 
primary coverage of such child under such health insurance coverage or 
plan. Such primary coverage of such child under such health insurance 
coverage or group health plan shall continue until the earlier of the 
following:
 ``

    (1) A submission of a notification, in a manner specified 
 by the Secretary, by both such individuals to the issuer of 
 such health insurance coverage or plan electing to discontinue 
 such primary coverage for such child.
 ``

    (2) The loss of coverage under such health insurance 
 coverage or plan of such individual who is enrolled under such 
 health insurance coverage or plan.
 ``

    (b) Election of Primary Coverage With Respect to Single Coverage 
or Plan.--The provisions of subsection

    (a) shall not apply if both 
individuals described in such paragraph submit notifications for a 
child with respect to multiple policies of health insurance coverage or 
group health plans.''.

    (b) Employee Retirement Income Security Act of 1974.--

    (1) In general.--Subpart B of part 7 of subtitle B of title 
 I of the Employee Retirement Income Security Act of 1974 is 
 amended by adding at the end the following new section:

``

SEC. 726. PARENTAL CHOICE OF PRIMARY HEALTH INSURANCE COVERAGE OR 
 PRIMARY COVERAGE UNDER A GROUP HEALTH PLAN FOR CERTAIN 
 DEPENDENT CHILDREN.

 ``

    (a) In General.--In the case of a dependent child of two 
individuals where both such individuals, at the time of birth of such 
child, are covered under separate policies of health insurance coverage 
offered by a health insurance issuer or separate group health plans, if 
both such policies of health insurance coverage or plans (as 
applicable) would provide coverage of such child, such group health 
insurance coverage or plan (as applicable) shall provide primary 
coverage of such child if both such individuals submit to the issuer of 
such coverage or to such plan (as applicable), within 60 days of the 
birth of such child and in a manner specified by the Secretary, a 
notification electing primary coverage of such child under such group 
health insurance coverage or plan. Such primary coverage of such child 
under such group health insurance coverage or group health plan shall 
continue until the earlier of the following:
 ``

    (1) A submission of a notification, in a manner specified 
 by the Secretary, by both such individuals to the issuer of 
 such group health insurance coverage or plan electing to 
 discontinue such primary coverage for such child.
 ``

    (2) The loss of coverage under such group health 
 insurance coverage or plan of such individual who is enrolled 
 under such health insurance coverage or plan.
 ``

    (b) Election of Primary Coverage With Respect to Single Coverage 
or Plan.--The provisions of subsection

    (a) shall not apply if both 
individuals described in such paragraph submit notifications for a 
child with respect to multiple policies of health insurance coverage or 
group health plans.''.

    (2) Technical amendment.--The table of contents in 

section 1 of such Act is amended by inserting after the item relating 
 to 

section 725 the following new item:

``

Sec. 726. Parental choice of primary health insurance coverage or 
 primary coverage under a group health plan 
 for certain dependent children.''.
            (c) Internal Revenue Code of 1986.--

    (1) In general.--Subchapter B of chapter 100 of the 
 Internal Revenue Code of 1986 is amended by adding at the end 
 the following new section:

``

SEC. 9826. PARENTAL CHOICE OF PRIMARY HEALTH INSURANCE COVERAGE OR 
 PRIMARY COVERAGE UNDER A GROUP HEALTH PLAN FOR CERTAIN 
 DEPENDENT CHILDREN.

 ``

    (a) In General.--In the case of a dependent child of two 
individuals where both such individuals, at the time of birth of such 
child, are covered under separate policies of health insurance coverage 
offered by a health insurance issuer or separate group health plans, if 
both such policies of health insurance coverage or plans (as 
applicable) would provide coverage of such child, such group health 
plan shall provide primary coverage of such child if both such 
individuals submit to such plan, within 60 days of the birth of such 
child and in a manner specified by the Secretary, a notification 
electing primary coverage of such child under such plan. Such primary 
coverage of such child under such group health plan shall continue 
until the earlier of the following:
 ``

    (1) A submission of a notification, in a manner specified 
 by the Secretary, by both such individuals to such plan 
 electing to discontinue such primary coverage for such child.
 ``

    (2) The loss of coverage under such plan of such 
 individual who is enrolled under such plan.
 ``

    (b) Election of Primary Coverage With Respect to Single Coverage 
or Plan.--The provisions of subsection

    (a) shall not apply if both 
individuals described in such paragraph submit notifications for a 
child with respect to multiple policies of health insurance coverage or 
group health plans.''.

    (2) Technical amendment.--The table of sections for such 
 subchapter is amended by adding at the end the following new 
 item:

``

Sec. 9826. Parental choice of primary health insurance coverage or 
 primary coverage under a group health plan 
 for certain dependent children.''.
            (d) Effective Date.--The amendments made by this section shall 
apply with respect to children born on or after January 1, 2026.
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