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 Com-
merce, and in addition to the Committees on Ways and Means and Edu-
cation and the Workforce, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in 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.
Be it enacted by the Senate and House of Representa-
tives 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 Re-
tirement Income Security Act of 1974 (29 U.S.C. 
1182(a)(3)) is amended—
(1) by striking ‘‘CONSTRUCTION.—For’’ and in-
serting the following: ‘‘SCOPE.— 
‘‘(A) WAITING PERIODS.—For’’; and 
(2) by adding at the end the following: 
‘‘(B) LIMITATION
ON
DENIAL
OF
BENE-
FITS.—Notwithstanding paragraph (2), a group 
health plan, or a health insurance issuer offer-
ing group health insurance coverage in connec-
tion 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 was sustained while en-
gaged in any particular mode of transportation 
specified in the plan consisting of the use of a 
motorcycle, snowmobile, all-terrain vehicle, or 
other similar recreational vehicle or horseback 
riding. Nothing in this subparagraph shall be 
construed as—
‘‘(i) prohibiting any such plan or 
issuer from excluding from coverage inju-
ries sustained while engaged in such mode 
of transportation, if engaging in such mode
of transportation, or the particular vehicle 
itself, is illegal under applicable law, or 
‘‘(ii) affecting the determination of 
primary and secondary insurance or sub-
rogation or reimbursement rights between 
insurance policies.’’. 
(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 in-
serting the following: ‘‘SCOPE.— 
‘‘(A) WAITING PERIODS.—For’’; and 
(2) by adding at the end the following: 
‘‘(B) LIMITATION
ON
DENIAL
OF
BENE-
FITS.—Notwithstanding paragraph (2), a group 
health plan, or a health insurance issuer offer-
ing group health insurance coverage in connec-
tion 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 was sustained while en-
gaged in any particular mode of transportation 
specified in the plan consisting of the use of a 
motorcycle, snowmobile, all-terrain vehicle, or 
other similar recreational vehicle or horseback
riding. Nothing in this subparagraph shall be 
construed as—
‘‘(i) prohibiting any such plan or 
issuer from excluding from coverage inju-
ries sustained while engaged in such mode 
of transportation, if engaging in such mode 
of transportation, or the particular vehicle 
itself, is illegal under applicable law, or 
‘‘(ii) affecting the determination of 
primary and secondary insurance or sub-
rogation or reimbursement rights between 
insurance policies.’’. 
(c) INTERNAL REVENUE CODE.—Section 9802(a)(3) 
of the Internal Revenue Code of 1986 is amended—
(1) by striking ‘‘CONSTRUCTION.—For’’ and in-
serting the following: ‘‘SCOPE.— 
‘‘(A) WAITING PERIODS.—For’’; and 
(2) by adding at the end the following: 
‘‘(B) LIMITATION
ON
DENIAL
OF
BENE-
FITS.—Notwithstanding 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 was sustained 
while engaged in any particular mode of trans-
portation specified in the plan consisting of the
use of a motorcycle, snowmobile, all-terrain ve-
hicle, or other similar recreational vehicle or 
horseback riding. Nothing in this subparagraph 
shall be construed as—
‘‘(i) prohibiting any such plan from 
excluding from coverage injuries sustained 
while engaged in such mode of transpor-
tation, if engaging in such mode of trans-
portation, or the particular vehicle itself, is 
illegal under applicable law, or 
‘‘(ii) affecting the determination of 
primary and secondary insurance or sub-
rogation or reimbursement rights between 
insurance policies.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to injuries occurring 
during plan years beginning after 90 days after the date 
of the enactment of this Act.
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