I 118TH CONGRESS 1ST SESSION H. R. 4195 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 16, 2023 Ms. DAVIDS of Kansas (for herself, Ms. NORTON, Ms. CASTOR of Florida, and Ms. PINGREE) 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 the Workforce, for a period to be subsequently determined by the Speaker, in each case for consider- ation 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 cov- erage or primary coverage under a group health plan for certain dependent children. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:41 Jul 22, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4195.IH H4195 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 4195 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Empowering Parents’ 2 Healthcare Choices Act of 2021’’. 3 SEC. 2. ALLOWING PARENTAL CHOICE IN THE SELECTION 4 OF PRIMARY HEALTH INSURANCE COVERAGE 5 OR PRIMARY COVERAGE UNDER A GROUP 6 HEALTH PLAN FOR CERTAIN DEPENDENT 7 CHILDREN. 8 (a) PUBLIC HEALTH SERVICE ACT.—Part D of title 9 XXVII of the Public Health Service Act (42 U.S.C. 10 300gg–111 et seq.) is amended by adding at the end the 11 following new section: 12 ‘‘SEC. 2799A–11. PARENTAL CHOICE OF PRIMARY HEALTH 13 INSURANCE COVERAGE OR PRIMARY COV- 14 ERAGE UNDER A GROUP HEALTH PLAN FOR 15 CERTAIN DEPENDENT CHILDREN. 16 ‘‘(a) IN GENERAL.—In the case of a dependent child 17 of two individuals where both such individuals, at the time 18 of birth of such child, are covered under separate policies 19 of health insurance coverage offered by a health insurance 20 issuer or separate group health plans, if both such policies 21 of health insurance coverage or plans (as applicable) would 22 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 the 25 issuer of such coverage or to such plan (as applicable), 26 VerDate Sep 11 2014 23:41 Jul 22, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4195.IH H4195 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 4195 IH within 60 days of the birth of such child and in a manner 1 specified by the Secretary, a notification electing primary 2 coverage of such child under such health insurance cov- 3 erage or plan. Such primary coverage of such child under 4 such health insurance coverage or group health plan shall 5 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 coverage 9 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 is 13 enrolled under such health insurance coverage or 14 plan. 15 ‘‘(b) ELECTION OF PRIMARY COVERAGE WITH RE- 16 SPECT TO SINGLE COVERAGE OR PLAN.—The provisions 17 of subsection (a) shall not apply if both individuals de- 18 scribed in such paragraph submit notifications for a child 19 with respect to multiple policies of health insurance cov- 20 erage or group health plans.’’. 21 (b) EMPLOYEE RETIREMENT INCOME SECURITY ACT 22 OF 1974.— 23 (1) IN GENERAL.—Subpart B of part 7 of sub- 24 title B of title I of the Employee Retirement Income 25 VerDate Sep 11 2014 23:41 Jul 22, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4195.IH H4195 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 4195 IH Security Act of 1974 is amended by adding at the 1 end the following new section: 2 ‘‘SEC. 726. PARENTAL CHOICE OF PRIMARY HEALTH INSUR- 3 ANCE COVERAGE OR PRIMARY COVERAGE 4 UNDER A GROUP HEALTH PLAN FOR CER- 5 TAIN DEPENDENT CHILDREN. 6 ‘‘(a) IN GENERAL.—In the case of a dependent child 7 of two individuals where both such individuals, at the time 8 of birth of such child, are covered under separate policies 9 of health insurance coverage offered by a health insurance 10 issuer or separate group health plans, if both such policies 11 of health insurance coverage or plans (as applicable) would 12 provide coverage of such child, such group health insur- 13 ance coverage or plan (as applicable) shall provide primary 14 coverage of such child if both such individuals submit to 15 the issuer of such coverage or to such plan (as applicable), 16 within 60 days of the birth of such child and in a manner 17 specified by the Secretary, a notification electing primary 18 coverage of such child under such group health insurance 19 coverage or plan. Such primary coverage of such child 20 under such group health insurance coverage or group 21 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 insurance 25 VerDate Sep 11 2014 23:41 Jul 22, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4195.IH H4195 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 4195 IH coverage or plan electing to discontinue such pri- 1 mary coverage for such child. 2 ‘‘(2) The loss of coverage under such group 3 health insurance coverage or plan of such individual 4 who is enrolled under such health insurance coverage 5 or plan. 6 ‘‘(b) ELECTION OF PRIMARY COVERAGE WITH RE- 7 SPECT TO SINGLE COVERAGE OR PLAN.—The provisions 8 of subsection (a) shall not apply if both individuals de- 9 scribed in such paragraph submit notifications for a child 10 with respect to multiple policies of health insurance cov- 11 erage or group health plans.’’. 12 (2) TECHNICAL AMENDMENT.—The table of 13 contents in section 1 of such Act is amended by in- 14 serting after the item relating to section 725 the fol- 15 lowing new item: 16 ‘‘Sec. 726. Parental choice of primary health insurance coverage or primary coverage under a group health plan for certain dependent chil- dren.’’. (c) INTERNAL REVENUE CODE OF 1986.— 17 (1) IN GENERAL.—Subchapter B of chapter 18 100 of the Internal Revenue Code of 1986 is amend- 19 ed by adding at the end the following new section: 20 VerDate Sep 11 2014 23:41 Jul 22, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4195.IH H4195 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 4195 IH ‘‘SEC. 9826. PARENTAL CHOICE OF PRIMARY HEALTH IN- 1 SURANCE COVERAGE OR PRIMARY COV- 2 ERAGE UNDER A GROUP HEALTH PLAN FOR 3 CERTAIN DEPENDENT CHILDREN. 4 ‘‘(a) IN GENERAL.—In the case of a dependent child 5 of two individuals where both such individuals, at the time 6 of birth of such child, are covered under separate policies 7 of health insurance coverage offered by a health insurance 8 issuer or separate group health plans, if both such policies 9 of health insurance coverage or plans (as applicable) would 10 provide coverage of such child, such group health plan 11 shall provide primary coverage of such child if both such 12 individuals submit to such plan, within 60 days of the 13 birth of such child and in a manner specified by the Sec- 14 retary, a notification electing primary coverage of such 15 child under such plan. Such primary coverage of such 16 child under such group health plan shall continue until 17 the earlier of the following: 18 ‘‘(1) A submission of a notification, in a man- 19 ner specified by the Secretary, by both such individ- 20 uals to such plan electing to discontinue such pri- 21 mary coverage for such child. 22 ‘‘(2) The loss of coverage under such plan of 23 such individual who is enrolled under such plan. 24 ‘‘(b) ELECTION OF PRIMARY COVERAGE WITH RE- 25 SPECT TO SINGLE COVERAGE OR PLAN.—The provisions 26 VerDate Sep 11 2014 23:41 Jul 22, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4195.IH H4195 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 4195 IH of subsection (a) shall not apply if both individuals de- 1 scribed in such paragraph submit notifications for a child 2 with respect to multiple policies of health insurance cov- 3 erage or group health plans.’’. 4 (2) TECHNICAL AMENDMENT.—The table of 5 sections for such subchapter is amended by adding 6 at the end the following new item: 7 ‘‘Sec. 9826. Parental choice of primary health insurance coverage or primary coverage under a group health plan for certain dependent chil- dren.’’. (d) EFFECTIVE DATE.—The amendments made by 8 this section shall apply with respect to children born on 9 or after January 1, 2022. 10 Æ VerDate Sep 11 2014 23:41 Jul 22, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H4195.IH H4195 kjohnson on DSK79L0C42PROD with BILLS