Sponsors (6)
Last progress June 11, 2025 (8 months ago)
Introduced on June 11, 2025 by Sharice Davids
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Lets two parents who each have their own health coverage pick which parent’s policy or group plan will be the primary insurer for their newborn. Parents must both notify the plan or insurer within 60 days of the child’s birth, using the method the Secretary requires; the chosen plan stays primary until both parents tell the plan to stop it or until the enrolled parent loses that coverage. The rule is added to the Public Health Service Act, ERISA, and the Internal Revenue Code and applies to children born on or after 2026-01-01.
Adds a new section to Part D of title XXVII of the Public Health Service Act (new section 2799A–11) requiring that when a child has two parents who at birth each are covered under separate health insurance policies or separate group health plans that would both cover the child, the policy or plan will provide primary coverage for the child if both parents submit, within 60 days of the birth and in a manner specified by the Secretary, a notification electing primary coverage under that policy or plan. Primary coverage continues until the earlier of (1) both parents submit a discontinuation notification or (2) the enrolled parent's loss of coverage.
Under the new Public Health Service Act section, the rule in the previous item does not apply if both parents submit notifications for a child with respect to multiple policies of health insurance coverage or multiple group health plans (i.e., the subsection (a) rule does not apply in that multiple-notification circumstance).
Adds a new section to ERISA (new section 726) requiring that when a child has two parents who at birth are each covered under separate policies or separate group health plans that would both cover the child, the group health insurance coverage or plan will provide primary coverage for the child if both parents submit, within 60 days of the birth and in a manner specified by the Secretary, a notification electing primary coverage under that group coverage or plan. Primary coverage continues until the earlier of (1) both parents submit a discontinuation notification or (2) the enrolled parent's loss of coverage.
Under the new ERISA section, the rule in the previous ERISA item does not apply if both parents submit notifications for a child with respect to multiple policies of health insurance coverage or group health plans.
Adds a new section to the Internal Revenue Code (new section 9826) requiring that when a child has two parents who at birth are each covered under separate policies or separate group health plans that would both cover the child, the group health plan will provide primary coverage for the child if both parents submit, within 60 days of the birth and in a manner specified by the Secretary, a notification electing primary coverage under that plan. Primary coverage continues until the earlier of (1) both parents submit a discontinuation notification or (2) the enrolled parent's loss of coverage.
Who is affected and how:
Overall effect: The change is a limited, targeted procedural reform to coordination-of-benefits rules for newborns. It is likely to reduce confusion and billing disputes, with modest administrative costs to plans and employers to implement new notice and recordkeeping procedures. It does not expand or mandate new coverage or create direct federal spending.