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S. 423 (108th): HIPAA Recreational Injury Technical Correction Act

The text of the bill below is as of Nov 21, 2004 (Passed the Senate (Engrossed)).

Source: GPO

S 423 ES

108th CONGRESS

2d Session

S. 423


AN ACT

To promote health care coverage parity for individuals participating in legal recreational activities or legal transportation activities.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘HIPAA Recreational Injury Technical Correction Act’.

SEC. 2. COVERAGE AMENDMENTS.

    (a) ERISA- Section 702(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1182(a)(3)) is amended--

      (1) by striking ‘CONSTRUCTION- For’ and inserting the following: ‘SCOPE-

        ‘(A) WAITING PERIODS- For’; and

      (2) by adding at the end the following:

        ‘(B) LIMITATION ON DENIAL OF BENEFITS- For purposes of paragraph (2), a group health plan, or a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not deny benefits otherwise provided under the plan or coverage for the treatment of an injury solely because such injury resulted from the participation of the individual in a legal mode of transportation or a legal recreational activity.’.

    (b) PHSA- Section 2702(a)(3) of the Public Health Service Act (42 U.S.C. 300gg-1(a)(3)) is amended--

      (1) by striking ‘CONSTRUCTION- For’ and inserting the following: ‘SCOPE-

        ‘(A) WAITING PERIODS- For’; and

      (2) by adding at the end the following:

        ‘(B) LIMITATION ON DENIAL OF BENEFITS- For purposes of paragraph (2), a group health plan, or a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not deny benefits otherwise provided under the plan or coverage for the treatment of an injury solely because such injury resulted from the participation of the individual in a legal mode of transportation or a legal recreational activity.’.

    (c) INTERNAL REVENUE CODE- Section 9802(a)(3) of the Internal Revenue Code of 1986 is amended--

      (1) by striking ‘CONSTRUCTION- For’ and inserting the following: ‘SCOPE-

        ‘(A) WAITING PERIODS- For’; and

      (2) by adding at the end the following:

        ‘(B) LIMITATION ON DENIAL OF BENEFITS- For purposes of paragraph (2), a group health plan may not deny benefits otherwise provided under the plan for the treatment of an injury solely because such injury resulted from the participation of the individual in a legal mode of transportation or a legal recreational activity.’.

Passed the Senate November 21 (legislative day, November 20), 2004.

Attest:

Secretary.

108th CONGRESS

2d Session

S. 423

AN ACT

To promote health care coverage parity for individuals participating in legal recreational activities or legal transportation activities.