Empowering Parents’ Healthcare Choices Act

This bill, titled the "Empowering Parents' Healthcare Choices Act," aims to provide parents with the ability to select the primary health insurance coverage for their newborn dependent children. Specifically, it applies when both parents are covered under separate health insurance policies or group health plans that would individually provide coverage for the child at the time of birth. To exercise this choice, both parents must submit a joint notification to the chosen health insurance issuer or plan within 60 days of the child's birth, electing that plan as the primary coverage. Once established, this primary coverage will continue until either both parents jointly submit a notification to discontinue it, or the parent enrolled in that specific plan loses their coverage. The bill clarifies that parents cannot elect primary coverage for a child from multiple policies or plans simultaneously. These provisions are incorporated by amending the Public Health Service Act , the Employee Retirement Income Security Act of 1974 (ERISA) , and the Internal Revenue Code of 1986 . The amendments will apply to children born on or after January 1, 2026.