"Mainers who enjoy recreational activities such as snowmobiling should have the right to the same health insurance protection whether they are injured on their sled or in their home," Senator Susan Collins said. "The legislation that I wrote and the Senate passed accomplishes this by more clearly defining health insurance regulations to ensure that people participating in legal recreational activities are covered under an equal standard of protection."
In January 2001, a rule was issued in accordance with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 that was intended to ensure non-discrimination in health coverage in the group market. That rule prohibits health plans and issuers from denying coverage to individuals who engage in certain types of recreational activities, such as skiing, horseback riding, snowmobiling or motorcycling. However, because of the way the rule was written, it has allowed insurers to deny health benefits for an otherwise covered injury that results from participation in these activities.
Because of this loophole, an individual who was injured while skiing or running could be denied health care coverage, while someone who is injured while drinking and driving a car would be protected.
The legislation recently passed by the Senate clarifies that individuals participating in activities routinely enjoyed by millions of Americans cannot be denied access to health care coverage or health benefits as a result of their activities.
This legislation has been sent to the House of Representatives for approval.
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