I joined Senator Russ Feingold of Wisconsin in writing a bill that would give people the same health insurance protection whether they are injured on their sled or in their home. The "Health Care Parity for Legal Transportation and Recreational Activities Act" prohibits health insurers from denying coverage and benefits for injuries sustained while participating in legal recreational activities like snowmobiling, skiing, motorcycling or horseback riding. The full Senate recently passed our bill because Senators understand that this bill is necessary to protect people who enjoy these activities.
Members of Congress aren't the only ones who recognize that there is a problem with the current policy. Bob Meyers, Executive Director for the Maine Snowmobile Association, stated, "Senator Collins should be commended for recognizing a problem that has had a negative effect on thousands of snowmobilers in Maine and across the country. Because of the Senator's quick action, she has provided the protection snowmobilers need for doing an activity that's perfectly safe. We are looking forward to the House acting quickly on this bill."
Insurance companies have been able to offer health plans that exclude coverage for injuries incurred while participating in certain activities because of a rule that was issued by the Clinton Administration in January of 2001. The rule, which was added to the Health Insurance Portability and Accountability Act (HIPAA) of 1996, was intended to ensure non-discrimination in health coverage. That rule actually prohibits health plans and issuers from denying coverage to individuals who engage in certain types of legal recreational or transportation activities, such as skiing, horseback riding, snowmobiling or motorcycling. Because of the way the rule was written, however, it has allowed insurers to deny health benefits for injuries resulting from participation in these activities.
What this means is that an individual who was injured while skiing or snowmobiling, a legal activity, could be denied health care coverage, while someone who is injured while drinking and driving a car, an illegal activity, would be protected.
This was certainly not the intent of the law when it was written. That is why the bill that I wrote more clearly defines health insurance regulations so people participating in legal recreational activities are covered under an equal standard of protection.
The American Motorcyclist Association, whose members also are directly affected by this bill, has endorsed the bill: "I think I speak for the entire recreation community when I say thank you to Senator Collins for all her hard work on this issue and look forward to working with her again next Congress to build on our recent achievements. We were extremely encouraged and gratified by the Senator and her staff's willingness to work with the recreation community to address the issue of health insurance discrimination," noted Edward Moreland, Vice President of Government Relations at the American Motorcyclist Association (AMA).
Snowmobilers and others participating in legal recreational or transportation activities deserve equal protection under our insurance laws. Given the amount Americans pay for health insurance, they should be assured that they will receive the same coverage and benefits whether they break their arm skiing or from falling down the stairs. The Senate has passed this common sense bill to ensure that individuals participating in activities routinely enjoyed by millions of Americans cannot be denied coverage for injuries sustained as a result of these activities. I urge my colleagues in the House to follow the Senate in passing this bill which fairly protects people while they participate in legal activities.
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