[Congressional Record Volume 151, Number 148 (Wednesday, November 9, 2005)]
[Extensions of Remarks]
[Page E2310]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     THE HIPAA RECREATIONAL INJURY TECHNICAL CORRECTION ACT OF 2005

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                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                      Wednesday, November 9, 2005

  Mr. UDALL of Colorado. Mr. Speaker, today I am introducing the Health 
Care Parity for Participation for Legal Transportation and Recreational 
Activities Act. This bill would protect those individuals who 
participate in legal recreational activities from being discriminated 
against by their employers for health insurance purposes.
  In 1996, Congress passed and the President signed into law the Health 
Insurance Portability and Accountability Act (HIPAA). This legislation 
was enacted so that employees could continue health care coverage if 
they switched jobs and so that employees would not be denied health 
care coverage based on a pre-existing medical condition or 
participation in legal recreational activities.
  On January 5, 2001, the Center for Medicare and Medicaid Services 
(CMS) released a Final Rule for Nondiscrimination in Health Coverage in 
a Group Market, which was required under HIPAA. Under the rule, 
employers are prohibited from refusing coverage based simply on an 
employee's participation in a legal recreational activity, such as 
motorcycling, skiing, snowmobiling, horseback riding and all-terrain 
vehicle riding. However, CMS, in its interpretation of the word 
``participation'' effectively legalized the denial of benefits for any 
injuries sustained while participating in these activities. Clearly, 
Congress did not include specific language in HIPAA to provide coverage 
for people who engage in these activities, only to be denied coverage 
in the event they sustain an injury. The rule is counter to the intent 
of Congress and should be corrected.
  In 2001, I joined with several of my House colleagues in sending a 
letter to HHS Secretary Tommy Thompson asking him to reverse the CMS 
ruling, but he said it would take an act of Congress. I cosponsored 
legislation that addressed this issue in the 108th Congress. There is 
legislation that has been introduced in the 109th Congress but that 
bill excludes individuals who participate in skiing and snowboarding. 
That excludes a large number of people in my district and throughout 
the country who are winter sports enthusiasts, and I think it's 
critical that they be covered for any injuries they sustain from 
participating in winter sports.
  Mr. Speaker, this bill, which is identical to legislation introduced 
by Senator Susan Collins, is about fairness in health coverage for the 
millions of Americans who enjoy skiing, motorcycle riding, horseback 
riding, ORV riding, or any other legal recreational activity. It also 
further clarifies Congress' intent when it passed this landmark law, 
which has helped so many Americans keep or obtain health insurance. I 
look forward to working with my colleagues on both sides of the aisle 
to pass this important legislation.




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