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

The text of the bill below is as of Oct 7, 2004 (Reported by Senate Committee).

Source: GPO

S 423 RS

Calendar No. 779

108th CONGRESS

2d Session

S. 423

[Report No. 108-390]

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

IN THE SENATE OF THE UNITED STATES

February 14, 2003

Ms. COLLINS (for herself, Mr. FEINGOLD, Mr. DAYTON, Mr. COLEMAN, Ms. SNOWE, Mr. DURBIN, Mr. ENSIGN, Mr. CAMPBELL, and Ms. STABENOW) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

October 7, 2004

Reported by Mr. GREGG, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]


A BILL

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,

[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]

    [Struck out->] This Act may be cited as the ‘Health Care Parity for Legal Transportation and Recreational Activities Act’. [<-Struck out]

[Struck out->] SEC. 2. COVERAGE AMENDMENTS. [<-Struck out]

    [Struck out->] (a) ERISA- Section 702(a)(2)(B) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1182(a)(2)(B)) is amended by inserting before the period the following: ‘, except that a plan or issuer may not deny benefits otherwise provided for the treatment of an injury solely because such injury resulted from participation of the participant or beneficiary in an activity such as motorcycling, snowmobiling, all-terrain vehicle riding, horseback riding, skiing or other similar legal activity’. [<-Struck out]

    [Struck out->] (b) PHSA- Section 2702(a)(2)(B) of the Public Health Service Act (42 U.S.C. 300gg-1(a)(2)(B)) is amended by inserting before the period the following: ‘, except that a plan or issuer may not deny benefits otherwise provided for the treatment of an injury solely because such injury resulted from participation of the enrollee in an activity such as motorcycling, snowmobiling, all-terrain vehicle riding, horseback riding, skiing or other similar legal activity’. [<-Struck out]

    [Struck out->] (c) INTERNAL REVENUE CODE- Section 9802(a)(2)(B) of the Internal Revenue Code of 1986 is amended by inserting before the period the following: ‘, except that a plan or issuer may not deny benefits otherwise provided for the treatment of an injury solely because such injury resulted from participation of the enrollee in an activity such as motorcycling, snowmobiling, all-terrain vehicle riding, horseback riding, skiing or other similar legal activity’. [<-Struck out]

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.’.

Calendar No. 779

108th CONGRESS

2d Session

S. 423

[Report No. 108-390]

A BILL

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


October 7, 2004

Reported with an amendment