Section 1. Short Title.

This Act may be cited as the ‘‘Empowering Parents’2
Healthcare Choices Act’’.3

SEC. 2. ALLOWING PARENTAL CHOICE IN THE SELECTION4
OF PRIMARY HEALTH INSURANCE COVERAGE5
OR PRIMARY COVERAGE UNDER A GROUP6
HEALTH PLAN FOR CERTAIN DEPENDENT7
CHILDREN.8

(a) PUBLIC HEALTH SERVICE ACT.—Part D of title9
XXVII of the Public Health Service Act (42 U.S.C.10
300gg–111 et seq.) is amended by adding at the end the11
following new section:12
‘‘SEC. 2799A–11. PARENTAL CHOICE OF PRIMARY HEALTH13
INSURANCE COVERAGE OR PRIMARY COV-14
ERAGE UNDER A GROUP HEALTH PLAN FOR15
CERTAIN DEPENDENT CHILDREN.16
‘‘(a) IN GENERAL.—In the case of a dependent child17
of two individuals where both such individuals, at the time18
of birth of such child, are covered under separate policies19
of health insurance coverage offered by a health insurance20
issuer or separate group health plans, if both such policies21
of health insurance coverage or plans (as applicable) would22
provide coverage of such child, such health insurance cov-23
erage or plan (as applicable) shall provide primary cov-24
erage of such child if both such individuals submit to the25
issuer of such coverage or to such plan (as applicable),26

within 60 days of the birth of such child and in a manner1
specified by the Secretary, a notification electing primary2
coverage of such child under such health insurance cov-3
erage or plan. Such primary coverage of such child under4
such health insurance coverage or group health plan shall5
continue until the earlier of the following:6
‘‘(1) A submission of a notification, in a man-7
ner specified by the Secretary, by both such individ-8
uals to the issuer of such health insurance coverage9
or plan electing to discontinue such primary cov-10
erage for such child.11
‘‘(2) The loss of coverage under such health in-12
surance coverage or plan of such individual who is13
enrolled under such health insurance coverage or14
plan.15

(b) ELECTION OF PRIMARY COVERAGE WITH RE -16
SPECT TO SINGLE COVERAGE OR PLAN.—The provisions17
of subsection (a) shall not apply if both individuals de-18
scribed in such paragraph submit notifications for a child19
with respect to multiple policies of health insurance cov-20
erage or group health plans.’’.21

SEC. 726. PARENTAL CHOICE OF PRIMARY HEALTH INSUR-3
ANCE COVERAGE OR PRIMARY COVERAGE4
UNDER A GROUP HEALTH PLAN FOR CER-5
TAIN DEPENDENT CHILDREN.

(a) IN GENERAL.—In the case of a dependent child7
of two individuals where both such individuals, at the time8
of birth of such child, are covered under separate policies9
of health insurance coverage offered by a health insurance10
issuer or separate group health plans, if both such policies11
of health insurance coverage or plans (as applicable) would12
provide coverage of such child, such group health insur-13
ance coverage or plan (as applicable) shall provide primary14
coverage of such child if both such individuals submit to15
the issuer of such coverage or to such plan (as applicable),16

within 60 days of the birth of such child and in a manner17
specified by the Secretary, a notification electing primary18
coverage of such child under such group health insurance19
coverage or plan. Such primary coverage of such child20
under such group health insurance coverage or group21
health plan shall continue until the earlier of the following:22
‘‘(1) A submission of a notification, in a man-23
ner specified by the Secretary, by both such individ-24
uals to the issuer of such group health insurance25
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coverage or plan electing to discontinue such pri-1
mary coverage for such child.2

‘‘(2) The loss of coverage under such group3
health insurance coverage or plan of such individual4
who is enrolled under such health insurance coverage5
or plan.6

(b) ELECTION OF PRIMARY COVERAGE WITH RE -7
SPECT TO SINGLE COVERAGE OR PLAN.—The provisions8
of subsection (a) shall not apply if both individuals de-9
scribed in such paragraph submit notifications for a child10
with respect to multiple policies of health insurance cov-11
erage or group health plans.’’.12

(2) TECHNICAL AMENDMENT.—The table of13
contents in section 1 of such Act is amended by adding14
at the end the following new section:15
‘‘Sec. 726. Parental choice of primary health insurance16
coverage or primary coverage under a group health plan17
for certain dependent children.’’.18

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

(a) IN GENERAL.—The Secretary shall ensure that20
the group health plans offered under the Employee Retirement21
Income Security Act of 1974 (applicable plan means22
includes primary coverage for children who are covered23
under such plan if both parents are covered under such24
plan and either—25
(A) either parent is covered as a child26
of the other parent under an eligible health27
insurance plan; or28
(B) neither parent is covered under an eligible29
health insurance plan.30

Within 60 days of the birth of such child,31
the insurer shall receive written notification from32
either parent that the child is covered under33
such plan and elects to be covered thereunder34
(1) by signing a consent form,35
(2) by providing other proof of coverage36
(as specified by the Secretary),37

Such primary coverage shall continue until38
the earlier of the following:39
(A) A submission of a notification, in a manner40
specified by the Secretary, from either parent41
electing to discontinue such coverage.42
(B) The loss of coverage under such plan43
of an individual who is enrolled under such plan44

(b) ELECTION OF PRIMARY COVERAGE WITH RE -45
SPECT TO SINGLE COVERAGE OR PLAN.—The provisions46
of subsection (a) shall not apply if both individuals de-47
scribed in such paragraph submit notifications for a child48
with respect to multiple policies of health insurance cov-49
erage or group health plans.’’.50

(2) TECHNICAL AMENDMENT.—The table of51
sections for such section is amended by adding52
at the end the following new item:53
‘‘Sec. 9826. Parental choice of primary health insurance54
coverage or primary coverage under a group health plan55
for certain dependent children.’’.

EFFECTIVE DATE.

The amendments made by this section shall apply with respect to children born on9
or after January 1, 2026.10