Sec. 1. 19-A MRSA §2106, sub-§6 is enacted to read:

6.__Custodial parent's choice.__If a child is enrolled under this section, the employer shall accept the custodial parent's choice of a primary care provider for that child even if the custodial parent is not the insurance certificate holder, owner or subscriber.__If the parents have equal or joint custody of the child enrolled under this section, the parent who is the covered employee shall choose the child's primary care provider.

Sec. 2. 22 MRSA §16-A is enacted to read:

§16-A.__Provision of list of persons covered

Upon request by the department, a nonprofit hospital or medical service organization authorized under Title 24 or an insurer authorized under Title 24-A shall provide to the department a list of persons who have health insurance coverage with that organization or insurer.__The information must be transmitted promptly in response to the department's request and must be provided in a manner that allows the department's electronic identification of former or current Medicaid recipients who have health insurance coverage.

Sec. 3. 24-A MRSA §2742, sub-§5, as amended by PL 1997, c. 795, §8, is further amended to read:

5. Compliance. An insurer issuing policies under this chapter must comply with 42 United States Code, Section 1396g-1. If a parent is required by a court or administrative order to provide health coverage for a child and the parent is eligible for family health coverage through an insurer, the insurer shall permit either of the child's parents or the Department of Human Services to enroll the child under the family coverage without regard to any enrollment season restrictions if the child is otherwise eligible for the coverage. An insurer must provide policy information to the custodial parent of any dependent child so that the custodial parent can obtain benefits for the child directly from the insurer. An insurer must permit the custodial parent of any dependent child to submit claims for covered services without the approval of the noncustodial parent. If the custodial parent approves, an insurer must permit the provider to submit claims for covered services without the approval of the noncustodial parent. An insurer shall make payment on claims submitted under this section directly to the custodial parent or, if the custodial parent approves, to the provider.