[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.
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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
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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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