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AMA News
U.S. Representative Michael Burgess (R-TX-26) and U.S. Representative Bart Stupak (D-MI-1) recently introduced H.R. 1076, "The HIPAA Recreational Injury Technical Correction Act.” Identical legislation obtained 177 bipartisan cosponsors and passed the full Senate in the 108th Congress.
H.R. 1076 aims at ending health care discrimination for individuals participating in legal transportation and recreational activities-activities like motorcycling, snowmobiling, skiing, horseback riding, and all-terrain vehicle riding.
This legislation addresses a loophole caused by a Department of Health and Human Services' rule making it possible for health care benefits to be denied to those who are injured while participating in these activities.
“The development of this bill could not have been possible without bipartisan congressional support and the hard work of the American Motorcyclist Association,” stated Congressman Burgess. “I look forward to working alongside the AMA to get this legislation passed into law.''
Congressman Stupak noted, “This important legislation would prevent health insurance discrimination against citizens who take part in legal, recreational activities such as motorcycle riding and snowmobiling. I look forward to continuing to work with the American Motorcyclist Association and other organizations on this issue."
On August 21, 1996 an important opportunity arose when President Clinton signed the Health Insurance Portability and Accountability Act (HIPAA), prohibiting employers from denying health care coverage based on a worker’s pre-existing medical conditions or participation in legal activities, such as motorcycling.
In 2001, the Department of Health and Human Services released the final rules that would govern the HIPAA law. The rules recognize that employers cannot refuse health care coverage to an employee on the basis of their participation in a recognized legal activity. However, the benefits can be denied for injuries sustained in connection with those activities. Therefore, you were guaranteed the right to health care coverage but not guaranteed any benefits in return for your monthly payments.
The AMA is urging all motorcyclists to notify their Representatives and tell them to co-sponsor and support H.R. 1076, "The HIPAA Recreational Injury Technical Correction Act."
