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Health insurance discrimination

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Old 05-10-2001 | 09:29 PM
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We all need to start writeing our representatives about this
RECREATIONISTS AND OTHERS MAY LOSE HEALTH BENEFITS

Lansing, Michigan -- New federal regulations that legalize health-care
discrimination against snowmobilers, motorcyclists, horse riders and others
involved in recreational activities have taken effect despite concerted
efforts by snowmobilers, skiers, motorcyclists, equestrians and others to
change the rules, the American Council of Snowmobile Association (ACSA)
reports.

The new regulations, which became the law of the land on May 8, are the end
result of a rulemaking process that dragged on for nearly five years after
Congress passed the Health Insurance Portability and Accountability Act of
1996.

The new rules state that an employer cannot refuse health-care coverage to an
employee based on participation in legal recreational activities after
working hours, but that health-care benefits can be denied for injuries
suffered while taking part in those activities.

The rules, issued jointly by the Internal Revenue Service, the Pension and
Welfare Benefits Administration, and the Health Care Finance Administration,
directly contradict the intent of Congress in passing this law.

In fact, language in the Congressional Record at the time noted 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."

Many recreation groups worked hard to get that language included in the
Congressional Record after uncovering incidents in which employers were
discriminating against recreationists, leaving them without coverage when
they were involved in recreational activities.

The new regulations went into effect despite the efforts of many
organizations and individuals who took the time to comment on the proposed
rules, and to contact members of Congress asking that they urge the new Bush
administration to change the discriminatory parts of the regulations.

"These rules make the entire law meaningless," Christine Jourdain, ACSA
Executive Director. "They open the door to the elimination of health
coverage for all types of legal recreational activities, from snowmobiling to
riding a bike to running or walking."

Recreation based organizations are planning to join forces to go back to
Congress in hopes of getting a new bill passed reinstating the original
intent of the health-insurance bill.

U.S. Health and Human Services Secretary Tommy Thompson's staff indicated
that he didn't feel he had the authority to change the language of the rules,
and that he was reluctant to do anything that might interfere with states'
rights to determine the benefit coverage in their states.

The rules, only now taking effect, were issued on Jan. 5 in the final days of
President Clinton's administration.

In the meantime, Jourdain is urging snowmobilers and all recreationists to
check their
health-insurance policies to see whether they would receive health-care
benefits if they are hurt while participating in legal recreational
activities
 
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