HR 3910
Empowering Parents’ Healthcare Choices Act
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- Passed House
- Passed Senate
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Bill overview
The Empowering Parents’ Healthcare Choices Act aims to give parents more control over their children’s health insurance. Specifically, it allows parents who are each covered by separate health insurance policies or group health plans to choose which policy or plan will serve as the primary coverage for their dependent child, provided both parents notify the insurer or plan within 60 days of the child’s birth. This primary coverage will continue until either the parents discontinue it or one of them loses coverage.
Key provisions
- Allows parents with separate health insurance policies or group health plans to choose primary coverage for their dependent child.
- Requires notification to the insurer or plan within 60 days of the child’s birth.
- Primary coverage continues until either the parents discontinue it or one parent loses coverage.
- Applies to dependent children of two individuals who are each covered by separate policies or plans.
- The law amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code.
- The effective date for the changes is January 1, 2026.
Who is affected
- Parents of dependent children
- Health insurance issuers
- Group health plans
- Health insurance consumers
- Children under 18
Notable changes
- Creates a mechanism for parents to select primary health insurance coverage for their children when both parents have separate policies or plans.
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
Eleanor Holmes [D-DC-At Large] Norton
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119th CONGRESS — 1st Session
H. R. 3910
IN THE HOUSE OF REPRESENTATIVES
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.
This Act may be cited as the Empowering Parents’ Healthcare Choices 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:
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:
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.
The loss of coverage under such health insurance coverage or plan of such individual who is enrolled under such health insurance 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.
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:
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:
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.
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.
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.
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:
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:
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.
The loss of coverage under such plan of such individual who is enrolled under such 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.
The table of sections for such subchapter is amended by adding at the end the following new item: