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






                                                       Calendar No. 779
108th CONGRESS
  2d Session
                                 S. 423

                          [Report No. 108-390]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 14, 2003

 Ms. Collins (for herself, Mr. Feingold, Mr. Dayton, Mr. Coleman, Ms. 
    Snowe, Mr. Durbin, Mr. Ensign, Mr. Campbell, and Ms. Stabenow) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

                            October 7, 2004

                Reported by Mr. Gregg, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Health Care Parity for 
Legal Transportation and Recreational Activities Act''.</DELETED>

<DELETED>SEC. 2. COVERAGE AMENDMENTS.</DELETED>

<DELETED>    (a) ERISA.--Section 702(a)(2)(B) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1182(a)(2)(B)) is 
amended by inserting before the period the following: ``, except that a 
plan or issuer may not deny benefits otherwise provided for the 
treatment of an injury solely because such injury resulted from 
participation of the participant or beneficiary in an activity such as 
motorcycling, snowmobiling, all-terrain vehicle riding, horseback 
riding, skiing or other similar legal activity''.</DELETED>
<DELETED>    (b) PHSA.--Section 2702(a)(2)(B) of the Public Health 
Service Act (42 U.S.C. 300gg-1(a)(2)(B)) is amended by inserting before 
the period the following:
``, except that a plan or issuer may not deny benefits otherwise 
provided for the treatment of an injury solely because such injury 
resulted from participation of the enrollee in an activity such as 
motorcycling, snowmobiling, all-terrain vehicle riding, horseback 
riding, skiing or other similar legal activity''.</DELETED>
<DELETED>    (c) Internal Revenue Code.--Section 9802(a)(2)(B) of the 
Internal Revenue Code of 1986 is amended by inserting before the period 
the following:
``, except that a plan or issuer may not deny benefits otherwise 
provided for the treatment of an injury solely because such injury 
resulted from participation of the enrollee in an activity such as 
motorcycling, snowmobiling, all-terrain vehicle riding, horseback 
riding, skiing or other similar legal activity''.</DELETED>

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.''.




                                                       Calendar No. 779

108th CONGRESS

  2d Session

                                 S. 423

                          [Report No. 108-390]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            October 7, 2004

                       Reported with an amendment