H.R.3910 - Empowering Parents’ Healthcare Choices Act (119th Congress)
Summary
H.R.3910, the Empowering Parents’ Healthcare Choices Act, aims to amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986. The bill intends to allow parents to choose which health insurance plan provides primary coverage for their dependent children when both parents have separate health insurance policies or group health plans. This choice must be made within 60 days of the child's birth.
The bill specifies that the chosen primary coverage continues until the parents elect to discontinue it or one parent loses coverage under their respective plan. The Act affects children born on or after January 1, 2026.
The bill was introduced in the House of Representatives and referred to multiple committees, including Energy and Commerce, Ways and Means, and Education and Workforce.
Expected Effects
The primary effect of this bill, if enacted, would be to grant parents greater control over their children's healthcare coverage. This could lead to families selecting the plan that best suits their needs and financial situation.
It could also streamline administrative processes for healthcare providers by establishing a clear primary insurance provider. The change would apply to births occurring after January 1, 2026, providing time for insurers and administrators to adapt.
Potential Benefits
- Increased Parental Choice: Empowers parents to select the health insurance plan that best meets their child's needs.
- Potential Cost Savings: Allows families to strategically choose the plan with better coverage or lower out-of-pocket costs for their specific situation.
- Administrative Clarity: Establishes a clear primary insurance provider, potentially reducing confusion and delays in claims processing.
- Flexibility: Provides an option for families with dual coverage to tailor their healthcare approach.
- Modernization: Updates existing regulations to reflect the realities of dual-income households and diverse family structures.
Potential Disadvantages
- Administrative Burden: Could create additional paperwork and administrative complexity for insurers and employers.
- Potential for Confusion: Parents may find the decision-making process overwhelming, especially without clear guidance.
- Limited Applicability: Only affects families with dual health insurance coverage, excluding a significant portion of the population.
- Delayed Implementation: The delayed effective date (January 1, 2026) means families will not immediately benefit from this change.
- Possible Adverse Selection: If primarily sick children are enrolled in one plan, it could destabilize the risk pool and increase premiums.
Constitutional Alignment
The bill appears to align with the general welfare clause of the Constitution (Preamble), as it aims to improve healthcare access and choice for families. It does not appear to infringe upon any specific constitutional rights or limitations.
Furthermore, the bill does not appear to violate any principles of federalism or separation of powers. Congress has the authority to regulate interstate commerce related to health insurance, as established through numerous Supreme Court cases.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).