[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2793 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2793

To promote health care coverage parity for individuals engaged in legal 
                use of certain modes of transportation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 8, 2005

Mr. Burgess (for himself, Mr. Strickland, and Mr. Blunt) introduced the 
   following bill; which was referred to the Committee on Energy and 
   Commerce, and in addition to the Committees on Ways and Means and 
Education and the Workforce, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To promote health care coverage parity for individuals engaged in legal 
                use of certain modes of transportation.

    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.--
                Notwithstanding 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 was sustained while engaged 
                in any particular mode of transportation specified in 
                the plan consisting of the use of a motorcycle, 
                snowmobile, all-terrain vehicle, or other similar 
                recreational vehicle or horseback riding. Nothing in 
                this subparagraph shall be construed as--
                            ``(i) prohibiting any such plan or issuer 
                        from excluding from coverage injuries sustained 
                        while engaged in such mode of transportation, 
                        if engaging in such mode of transportation, or 
                        the particular vehicle itself, is illegal under 
                        applicable law, or
                            ``(ii) affecting the determination of 
                        primary and secondary insurance or subrogation 
                        or reimbursement rights between insurance 
                        policies.''.
    (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.--
                Notwithstanding 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 was sustained while engaged 
                in any particular mode of transportation specified in 
                the plan consisting of the use of a motorcycle, 
                snowmobile, all-terrain vehicle, or other similar 
                recreational vehicle or horseback riding. Nothing in 
                this subparagraph shall be construed as--
                            ``(i) prohibiting any such plan or issuer 
                        from excluding from coverage injuries sustained 
                        while engaged in such mode of transportation, 
                        if engaging in such mode of transportation, or 
                        the particular vehicle itself, is illegal under 
                        applicable law, or
                            ``(ii) affecting the determination of 
                        primary and secondary insurance or subrogation 
                        or reimbursement rights between insurance 
                        policies.''.
    (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.--
                Notwithstanding 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 
                was sustained while engaged in any particular mode of 
                transportation specified in the plan consisting of the 
                use of a motorcycle, snowmobile, all-terrain vehicle, 
                or other similar recreational vehicle or horseback 
                riding. Nothing in this subparagraph shall be construed 
                as--
                            ``(i) prohibiting any such plan from 
                        excluding from coverage injuries sustained 
                        while engaged in such mode of transportation, 
                        if engaging in such mode of transportation, or 
                        the particular vehicle itself, is illegal under 
                        applicable law, or
                            ``(ii) affecting the determination of 
                        primary and secondary insurance or subrogation 
                        or reimbursement rights between insurance 
                        policies.''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to injuries occurring during plan years beginning 
after 90 days after the date of the enactment of this Act.
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