Northwest Cycle News

U.S. Congressmen Michael C. Burgess, M.D. (R-TX) and Bart Stupak (D-MI) have introduced bipartisan legislation to stop insurance companies from denying payments for injuries incurred while participating in certain legal recreational and transportation activities, such as motorcycling and riding all-terrain vehicles (ATV). Identical legislation has been introduced in the Senate by Senators Susan Collins (R-ME) and Russ Feingold (D-WI).

The legislation (H.R. 1076, S. 616) would close a loophole created by the Department of Health and Human Services’ regulations implementing the Health Insurance Portability and Accountability Act (HIPAA) of 1996. As written and implemented, the regulations provide that an employer may not refuse health care coverage to an employee on the basis of participation in recreational activities, but may deny health care benefits if the employee is injured while participating in these activities.

The current regulations would allow health insurers to deny payment for injuries sustained by motorcyclists and ATV riders despite the fact that the individual carried health insurance. This clearly contradicts the intent of the regulation, which was meant to ensure nondiscrimination in health care coverage. This legislation would reinstate the original intent and close the loophole that unfairly discriminates against motorcyclists, ATV riders and other recreationists.

The Motorcycle Industry Council, the Specialty Vehicle Institute of America and the American Motorcyclist Association are working together with other recreation organizations to advocate passage of H.R. 1076 and S. 616. “The leadership shown by Congressman Stupak and Congressman Burgess on this legislation is critical as it moves through the House of Representatives,” said Duane Taylor, Government Relations Specialist for the Motorcycle Industry Council. He continued, “Senators Collins and Feingold have also been champions on this issue and we look forward to continuing to work with them as their bill is considered by the Senate.”