U.S. Representatives Introduce HIPAA Fix

Posted 9/6/2006

Last Congress, the full Senate unanimously passed S.577, the “HIPAA Recreational Injury Technical Correction Act” introduced by Senators Russ Feingold (D-WI) and Susan Collins (R-ME). Unfortunately, the House of Representatives adjourned before they were able to act on the bill. Therefore, this legislation was re-introduced by Reps. Michael Burgess (R-TX) and Ted Strickland (D-OH) for the 109^th Congress.

Basically, the 1996 HIPAA bill prohibited insurance companies from denying health care coverage based on pre-existing medical problems or certain “risky” behavior, like riding motorcycles.  The Burgess-Strickland bill (H.R. 2793) reiterates what S. 577 would have accomplished, namely barring insurance companies from discriminating against employees who were injured while riding a cycle, snowmobile, ATV or horseback riding.  The insurance company may exclude coverage if the employee was injured while engaged in illegal activity while using the mode of transportation or the vehicle itself was illegal under applicable law.

The MRF (Motorcycle Riders Foundation) sent out a plea to all states to ask their Representatives to sign on to this legislation. Attorney Michael F. Hupy contacted Wisconsin Representatives Ron Kind and Gwen Moore, who had not added their names to the bill. After speaking to Attorney Hupy, and follow-up letters, both have now signed on to the legislation.

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