[Congressional Record Volume 150, Number 135 (Saturday, November 20, 2004)]
[Senate]
[Pages S11839-S11840]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           HIPAA RECREATIONAL INJURY TECHNICAL CORRECTION ACT

  Mr. FRIST. I ask unanimous consent the Senate proceed to the 
immediate consideration of Calendar No. 779, S. 423.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 423) a bill to promote health care coverage 
     parity for individuals participating in legal recreational 
     activities or legal transportation activities.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Health, Education, Labor, 
and Pensions, with an amendment to strike all after the enacting clause 
and insert in lieu thereof the following:
  (Strike the part shown in black brackets and insert the part shown in 
italic.)

                                 S. 423

       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 ``Health Care Parity for 
     Legal Transportation and Recreational Activities Act''.

     [SEC. 2. COVERAGE AMENDMENTS.

       [(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''.
       [(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''.
       [(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''.]

     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.--

[[Page S11840]]

       ``(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.''.
  Mr. FRIST. I ask unanimous consent the committee amendment be agreed 
to, the bill, as amended, be read the third time and passed, the motion 
to reconsider be laid upon the table, and any statements be printed in 
the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 423), as amended, was read the third time and passed.

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