Empowering Parents' Healthcare Choices Act of 2021
This bill provides a 60-day time frame within which parents with separate health insurance plans may choose which plan provides primary coverage for their newborn child. The bill limits the application of certain standard health insurance provisions that determine which plan becomes the primary coverage of a dependent child based on the order of the parents' birthdays.
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 of 2021''.

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, 2022.
                                 <all>
Empowering Parents’ Healthcare Choices Act of 2021
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.
Empowering Parents’ Healthcare Choices Act of 2021
Rep. Davids, Sharice