[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 423 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  2d Session
                                 S. 423

_______________________________________________________________________

                                 AN ACT


 
To promote health care coverage parity for individuals participating in 
   legal recreational activities or legal transportation activities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``HIPAA Recreational Injury Technical 
Correction Act''.

SEC. 2. COVERAGE AMENDMENTS.

    (a) ERISA.--Section 702(a)(3) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1182(a)(3)) is amended--
            (1) by striking ``Construction.--For'' and inserting the 
        following: ``Scope.--
                    ``(A) Waiting periods.--For''; and
            (2) by adding at the end the following:
                    ``(B) Limitation on denial of benefits.--For 
                purposes of paragraph (2), a group health plan, or a 
                health insurance issuer offering group health insurance 
                coverage in connection with a group health plan, may 
                not deny benefits otherwise provided under the plan or 
                coverage for the treatment of an injury solely because 
                such injury resulted from the participation of the 
                individual in a legal mode of transportation or a legal 
                recreational activity.''.
    (b) PHSA.--Section 2702(a)(3) of the Public Health Service Act (42 
U.S.C. 300gg-1(a)(3)) is amended--
            (1) by striking ``Construction.--For'' and inserting the 
        following: ``Scope.--
                    ``(A) Waiting periods.--For''; and
            (2) by adding at the end the following:
                    ``(B) Limitation on denial of benefits.--For 
                purposes of paragraph (2), a group health plan, or a 
                health insurance issuer offering group health insurance 
                coverage in connection with a group health plan, may 
                not deny benefits otherwise provided under the plan or 
                coverage for the treatment of an injury solely because 
                such injury resulted from the participation of the 
                individual in a legal mode of transportation or a legal 
                recreational activity.''.
    (c) Internal Revenue Code.--Section 9802(a)(3) of the Internal 
Revenue Code of 1986 is amended--
            (1) by striking ``Construction.--For'' and inserting the 
        following: ``Scope.--
                    ``(A) Waiting periods.--For''; and
            (2) by adding at the end the following:
                    ``(B) Limitation on denial of benefits.--For 
                purposes of paragraph (2), a group health plan may not 
                deny benefits otherwise provided under the plan for the 
                treatment of an injury solely because such injury 
                resulted from the participation of the individual in a 
                legal mode of transportation or a legal recreational 
                activity.''.

            Passed the Senate November 21 (legislative day, November 
      20), 2004.

            Attest:

                                                             Secretary.
108th CONGRESS

  2d Session

                                 S. 423

_______________________________________________________________________

                                 AN ACT

To promote health care coverage parity for individuals participating in 
   legal recreational activities or legal transportation activities.