I 

109TH CONGRESS 

1ST SESSION H. R. 2793

To promote health care coverage parity for individuals engaged in legal 

use of certain modes of transportation. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 8, 2005

Mr. BURGESS (for himself, Mr. STRICKLAND, and Mr. BLUNT) introduced the 

following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means and Education and the Workforce, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To promote health care coverage parity for individuals 

engaged in legal use of certain modes of transportation.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘HIPAA Recreational 

5 Injury Technical Correction Act’’. 
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1 SEC. 2. COVERAGE AMENDMENTS. 

2 (a) ERISA.—Section 702(a)(3) of the Employee Re3 tirement Income Security Act of 1974 (29 U.S.C. 

4 1182(a)(3)) is amended—

5 (1) by striking ‘‘CONSTRUCTION.—For’’ and in6 serting the following: ‘‘SCOPE.— 

7 ‘‘(A) WAITING PERIODS.—For’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(B) LIMITATION ON DENIAL OF BENE10 FITS.—Notwithstanding paragraph (2), a group 

11 health plan, or a health insurance issuer offer12 ing group health insurance coverage in connec13 tion with a group health plan, may not deny 

14 benefits otherwise provided under the plan or 

15 coverage for the treatment of an injury solely 

16 because such injury was sustained while en17 gaged in any particular mode of transportation 

18 specified in the plan consisting of the use of a 

19 motorcycle, snowmobile, all-terrain vehicle, or 

20 other similar recreational vehicle or horseback 

21 riding. Nothing in this subparagraph shall be 

22 construed as—

23 ‘‘(i) prohibiting any such plan or 

24 issuer from excluding from coverage inju25 ries sustained while engaged in such mode 

26 of transportation, if engaging in such mode 
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1 of transportation, or the particular vehicle 

2 itself, is illegal under applicable law, or 

3 ‘‘(ii) affecting the determination of 

4 primary and secondary insurance or sub5 rogation or reimbursement rights between 

6 insurance policies.’’. 

7 (b) PHSA.—Section 2702(a)(3) of the Public Health 

8 Service Act (42 U.S.C. 300gg–1(a)(3)) is amended—

9 (1) by striking ‘‘CONSTRUCTION.—For’’ and in10 serting the following: ‘‘SCOPE.— 

11 ‘‘(A) WAITING PERIODS.—For’’; and 

12 (2) by adding at the end the following: 

13 ‘‘(B) LIMITATION ON DENIAL OF BENE14 FITS.—Notwithstanding paragraph (2), a group 

15 health plan, or a health insurance issuer offer16 ing group health insurance coverage in connec17 tion with a group health plan, may not deny 

18 benefits otherwise provided under the plan or 

19 coverage for the treatment of an injury solely 

20 because such injury was sustained while en21 gaged in any particular mode of transportation 

22 specified in the plan consisting of the use of a 

23 motorcycle, snowmobile, all-terrain vehicle, or 

24 other similar recreational vehicle or horseback 
4

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1 riding. Nothing in this subparagraph shall be 

2 construed as—

3 ‘‘(i) prohibiting any such plan or 

4 issuer from excluding from coverage inju5 ries sustained while engaged in such mode 

6 of transportation, if engaging in such mode 

7 of transportation, or the particular vehicle 

8 itself, is illegal under applicable law, or 

9 ‘‘(ii) affecting the determination of 

10 primary and secondary insurance or sub11 rogation or reimbursement rights between 

12 insurance policies.’’. 

13 (c) INTERNAL REVENUE CODE.—Section 9802(a)(3) 

14 of the Internal Revenue Code of 1986 is amended—

15 (1) by striking ‘‘CONSTRUCTION.—For’’ and in16 serting the following: ‘‘SCOPE.— 

17 ‘‘(A) WAITING PERIODS.—For’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(B) LIMITATION ON DENIAL OF BENE20 FITS.—Notwithstanding paragraph (2), a group 

21 health plan may not deny benefits otherwise 

22 provided under the plan for the treatment of an 

23 injury solely because such injury was sustained 

24 while engaged in any particular mode of trans25 portation specified in the plan consisting of the 
5

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1 use of a motorcycle, snowmobile, all-terrain ve2 hicle, or other similar recreational vehicle or 

3 horseback riding. Nothing in this subparagraph 

4 shall be construed as—

5 ‘‘(i) prohibiting any such plan from 

6 excluding from coverage injuries sustained 

7 while engaged in such mode of transpor8 tation, if engaging in such mode of trans9 portation, or the particular vehicle itself, is 

10 illegal under applicable law, or 

11 ‘‘(ii) affecting the determination of 

12 primary and secondary insurance or sub13 rogation or reimbursement rights between 

14 insurance policies.’’. 

15 (d) EFFECTIVE DATE.—The amendments made by 

16 this section shall apply with respect to injuries occurring 

17 during plan years beginning after 90 days after the date 

18 of the enactment of this Act.

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