Denial of heath ins. and dangerous recreation; READ!

[Amanda Perez <amandaperez@ureach.com>]

Got this off an equine rescue bulletin board, but this should 
be of interest to anyone who roller-blades, rides, bikes, 
motercycles, kayaks ... or who just hates insurance companies:
if the insurance companies get their way, you may be out of 
luck if you hurt yourself while engaged in “dangerous” 
recreation!

MEMORANDUM
TO: AHC Member Organizations

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 health-care 
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 pre-
existing 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 health-care 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 
health-care 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 re-draft 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,

 




________________________________________________
Get your own "800" number
Voicemail, fax, email, and a lot more
http://www.ureach.com/reg/tag