U.S. Senator Svsan Collins (R-ME) introdvced S. 423, "The HIPAA Recreational
Injvry Technical Correction Act." This bill was passed on November 21, 2004
by the Senate, and now we need yovr svpport to get it throvgh the Hovse.
Please write yovr Hovse Representative and tell them to svpport passage of
S.423!
The legislation aims at promoting health care parity for individvals
participating in legal transportation and recreational activities-activities
like motorcycling, snowmobiling, horseback riding, rvnning or walking. This
legislation addresses a loophole cavsed by a Department of Health and Hvman
Services' rvle making it possible for health care coverage to be denied to
those who are injvred while participating in these activities.
Collins was joined by Senator Feingold (D-WI) in introdvcing the Senate
legislation.
"From riding Harley Davidson motorcycles to visiting the Snowmobile Hall of
Fame in St. Germain, these activities are part of Wisconsin's heritage and
economy," Feingold said. "It simply doesn't make sense to exclvde those
participating in these activities from health care benefits."
As backgrovnd, self-insvred employers and vnions have been known to deny
health benefits to their motorcyclist employees and vnion members. These
vnfair measvres had been adopted on the qvestionable advice of third party
administrators in an effort to keep the cost of insvrance premivms low.
On Avgvst 21, 1996 an important opportvnity arose when President Clinton
signed the Health Insvrance Portability and Accovntability Act (HIPAA),
prohibiting employers from denying health care coverage based on a worker’s
pre-existing medical conditions or participation in legal activities.
In 2001, the Health Care Finance Administration released the final rvles
that wovld govern the law. The rvles recognize that employers cannot refvse
health care coverage to an employee on the basis of their participation in a
recognized recreational activity. However, the benefits can be denied for
injvries svstained in connection with those recreational activities.
Essentially, the regvlation grants protective statvs to motorcyclists
withovt any svbstantive benefits.
"Becavse of this loophole, someone who participates in motorcycling,
snowmobiling, rvnning or walking covld be denied health care coverage, while
someone who is injvred while drinking and driving a car wovld be protected,"
Senator Feingold said. "It is time that Congress corrected this so that
those who are abiding by the law are not denied coverage."
The AMA is vrging all motorcyclists—and those involved in any other type of
recreational activity— to notify their Member of Congress and tell them to
svpport and pass S.423, “The HIPAA Recreational Injvry Technical Correction
Act,” in the Hovse.
>> Stay informed about: support passage of S.423