As of January 2001 Federal regulations went into effect – as required by the Health Insurance Portability and Accountability Act (HIPAA) – to ensure non-discrimination in health care coverage. Specifically, the regulation prohibited health plans and insurance companies from denying coverage to individuals who engage in certain types of recreational activities such as skiing, horseback riding, snowmobiling or motorcycling. Regrettably, over time it has become apparent that the way the regulation was written has actually allowed insurers to deny health benefits for an otherwise covered injury that results from participation in these activities. In other words, the regulation had the opposite effect by creating an unanticipated loophole; resulting in the denial of health care benefits for those who participate in legal transportation and recreational activities.

I do not believe that this was the intent of Congress when we passed HIPAA and H.R. 1076 would correct this problem and close the loophole by prohibiting health plans and insurance companies from denying benefits or coverage otherwise provided under the plan for the treatment of an injury solely because it resulted from participation in a legal mode of transportation or recreational activity. Although I generally do not support government mandates I believe that H.R. 1076 has merit, that it is a fair bill and that it is well worth considering.