The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“THE HIPAA RECREATIONAL INJURY TECHNICAL CORRECTION ACT” mentioning the U.S. Dept of Labor was published in the Extensions of Remarks section on pages E1162 on June 8, 2005.
The publication is reproduced in full below:
THE HIPAA RECREATIONAL INJURY TECHNICAL CORRECTION ACT
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HON. MICHAEL C. BURGESS
of texas
in the house of representatives
Wednesday, June 8, 2005
Mr. BURGESS. Mr. Speaker, I am pleased to join my colleagues Congressman Blunt and Congressman Strickland in introducing legislation that would prohibit insurers from denying payment to health plan participants for injuries sustained while engaged in certain recreational activities like horseback riding or motorcycling.
In January 2001, the Department of Labor, the Internal Revenue Service and the Health Care Financing Administration, issued a rule in accordance to the Health Insurance and Portability and Accountability Act of 1996 (HIPAA) that was designed to guard against discrimination in coverage in the group health market. These rules prohibited health plans from denying coverage to people who engage in recreational activities like horseback riding and motorcycling. However a loophole was created that allowed insurers to deny payment for services based upon the source of the injury.
The rule states that: ``While a person cannot be excluded from a plan for engaging in certain recreational activities, benefits for a particular injury can, in some cases, be excluded based on the source of the injury.'' A plan could, for example, include a general exclusion for injuries sustained while doing a specified list of recreational activities, even though treatment for those injuries, a broken arm for instance, would have been covered under the plan if the individual had tripped and fallen.
This loophole creates a situation that is especially unfair to people who ride motorcycles, horses, snowmobiles, or any other form of motorized recreation. Millions of Americans enjoy these activities safely every year within the framework of state laws and utilizing proper safety precautions. Should something extraordinary occur resulting in an injury, these individuals deserve the same consideration when it comes to their medical expenses as every other American. They should not be denied payment for health services for the mere fact that the injury occurred on horseback or on a motorcycle.
The legislation that we are introducing today will remove any ambiguity when it comes to participation in certain recreational activities or modes of transportation should an injury occur. I want to thank Mr. Blunt and Mr. Strickland for joining me on this legislation. I look forward to working with them along with the multitude of groups that have made this legislation such a high priority, especially the American Motorcyclist Association and the Motorcycle Industry Council. I urge all of our colleagues to join us as cosponsors and stand with America's riders.
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