Rules deny insurance coverage to equestrians

[Trishmare7@aol.com]

This may be of interest to endurance riders . . .

Trish & King David
Grand Blanc, Michigan


><<FROM: American Horse Council
>DATE: March 22, 2001
>
>RE: Proposed Adverse Rules on Health Insurance Coverage for Riders
>
>Regulations proposed by the Internal Revenue Service, the Pension 
>and Welfare Benefits Administration and the Health Care Financing 
>Administration could affect people who enjoy horseback riding (and 
>other forms of recreation) by permitting health insurers to exclude 
>coverage for injuries resulting from riding and other forms of 
>"dangerous" recreation. While the new proposals state that an 
>employer cannot refuse healthcare coverage to an employee based on 
>participation in recreational activities, they permit health 
>insurers to deny coverage for injuries sustained in connection with 
>such recreational activities, effectively reaching the same result.
>
>The new regulations were jointly issued by the three federal 
>agencies as interim rules, which means they are effective now. But 
>the public has until April 9 to comment on the proposals and such 
>comments will be considered.
>
>These proposed regulations permit exclusions from health insurance 
>coverage based on activities, including horseback riding, that 
>Congress sought to protect. In 1966, Congress passed the Health 
>Insurance Portability and Accountability Act. As we read this Act, 
>it was intended to prohibit health insurers from denying health 
>coverage based on a worker's preexisting medical condition or 
>participation in legal recreational activities. The legislative 
>history of the Act states that the law "is intended to ensure, among 
>other things, that individuals are not excluded from healthcare 
>coverage due to their participation in activities such as 
>motorcycling, snowmobiling, all-terrain vehicle riding, horseback 
>riding, skiing and other similar activities."
>
>Recreational groups, including the American Horse Council, worked to 
>have that language included in the legislative history of the Act 
>after because some employers and insurers were discriminating 
>against recreationalists, leaving them without coverage if they were 
>involved in recreational pursuits. Incidents of discrimination 
>involved the denial of healthcare protection to employees not only 
>involved in illegal activities, like driving a car while 
>intoxicated, but also when involved in legal recreational 
>activities, such as those mentioned above.
>
>While the proposed rules prohibit a person from being denied health 
>insurance coverage simply because he or she engages in riding, they 
>also permit an insurer to exclude benefits for injuries suffered 
>while engaged in such activities. This effectively excludes 
>individuals engaged in such activities.
>
>The AHC will submit comments to the federal agencies in opposition 
>to this provision. We urge any individual or equine organization to 
>do likewise. Comments must be submitted by April 9 to:
>
>
>CC:M&SP:RU (REG-109707-97)
>Room 5226
>Internal Revenue Service
>P.O. Box 7604
>Ben Franklin Station
>Washington, DC 20044
>
>U.S. Department of Labor
>Pension and Welfare Benefits Administration
>200 Constitution Avenue, NW
>Room C-5331 - Attention: Nondiscrimination Comments
>Washington, DC 20210
>
>
>Health Care Financing Administration
>Department of Health and Human Services
>Attention: HCFA-2022-IFC
>P.O. Box 26688
>Baltimore, MD 21207
>
>A sample letter follows. Please retype it on your stationary and 
>redraft it to make it as personal as possible. This will give it 
>more weight. Send the same letter to each agency. Do not simply send 
>this memo in to the agencies.
>
>Please call the AHC with any questions.
>
>
>April X, 2001
>CC:M&SP:RU (REG-109707-97)
>Room 5226
>Internal Revenue Service
>P.O. Box 7604
>Ben Franklin Station
>Washington, DC 20044
>
>U.S. Department of Labor
>Pension and Welfare Benefits Administration
>200 Constitution Avenue, NW
>Room C-5331 - Attention: Nondiscrimination Comments
>Washington, DC 20210
>
>Health Care Financing Administration
>Department of Health and Human Services
>Attention: HCFA-2022-IFC
>P.O. Box 26688
>Baltimore, MD 21207
>
>Dear Sir or Madam:
>
>We are writing in opposition to the non-discrimination regulations 
>under the Health Insurance Portability and Accountability Act 
>(HIPAA) proposed by your agency in January.
>
>
>Like tens of millions of other American we enjoy horseback riding. 
>We participate as follows.. Obviously, if we are unable to purchase 
>health
>insurance that protects us as we participate in this legal activity, 
>it will affect our continued participation.
>
>These rules will affect more than just us. An economic study 
>commissioned by the American Horse Council shows that recreational 
>horseback riding has a $23.8 billion economic impact in the U.S., 
>supports 317,000 jobs and involves 3 million horses. This segment of 
>the American horse industry is growing rapidly. Horse owners, 
>breeders, stables, outfitters, dude ranches, veterinarians and feed 
>and tack stores all rely on the individual rider. The rules your 
>agency proposes will adversely affect this entire industry.
>
>We support the original Congressional intent of the bill, which is 
>to protect individuals like horseback riders from being 
>discriminated against and denied health insurance coverage simply 
>because they are participating in a legal, recreational activity. We 
>urge you to change the proposed rules to ensure medical coverage, 
>including benefits, for injuries that may occur while riding and 
>engaging in other legal, recreational activities.
>
>Thank you for your consideration.
>
>Sincerely