Your company doesn't have to
cover you if you're hurt on your bike.
August 2005
Bipartisan bills have been introduced in both the US House and Senate that would
end health-care discrimination against motorcyclists and ATVers.
US Reps. Michael C. Burgess (R-TX) and Ted Strickland (D-OH) introduced HR 2793,
"The HIPAA Recreational Injury Technical Correction Act." This bill would bar
employers from discriminating against those who take part in activities such as
motorcycling, ATV riding, snowmobiling or horseback riding in the
health-insurance programs they offer their workers. Senators Susan Collins
(R-ME) and Russ Feingold (D-WI) introduced similar legislation, S 577, "The
HIPAA Recreational Injury Technical Correction Act." Last Congress, the full
Senate unanimously passed similar language, however, the House adjourned shortly
thereafter and therefore did not get a chance to enact this legislation. As a
result, legislation needed to be re-introduced in the 109th Congress.
The measures are in response to action taken by federal bureaucrats that
legalized health-insurance discrimination against riders and others. In 1996,
President Clinton signed the Health Insurance Portability and Accountability Act
(HIPAA), which included language prohibiting employers from denying health-care
coverage based on a worker's pre-existing medical conditions or participation in
legal activities, such as motorcycling.
In 2001, the Department of Health and Human Services released the final rules
that would govern the HIPAA law. The rules recognized that employers could not
refuse health-care coverage to an employee on the basis of their participation
in a recognized legal activity. However, the agency said benefits could be
denied for injuries sustained in connection with those activities. As a result,
employees were guaranteed the right to health-care coverage, but not guaranteed
any benefits under those plans.
The AMA was outraged, noting that when
federal bureaucrats had gone against the will of Congress, and the Association
immediately lobbied Congress to right this wrong. Others involved in the effort
included the Blue Ribbon Coalition, Motorcycle
Riders Foundation, ABATE of Wisconsin,
ABATE of Ohio, the American Council of
Snowmobile Associations and the American Horse Council.
An easy way to send letters urging members of Congress to co-sponsor this
legislation is through the AMA Rapid
Response Center.
