federal agencies propose adverse rules on health insurance coverage for snowmobilers

From the Federal Register, January 8, 2001, Page 1377-1420

As snowmobilers in recreational activities face a serious threat to their continued health-insurance coverage under new proposed federal regulations, AmSnow and the American Council of Snowmobile Associations is urging people to contact their members of Congress to support an effort to protect those health benefits.

Congressman Mark Green (R-WI) is asking his colleagues to sign a letter addressed to U.S. Health and Human Services Secretary Tommy Thompson, urging him to rewrite the rules so that snowmobilers and others who engage in legal recreational activities don't face health-insurance discrimination. The ACSA wants snowmobilers and others to contact their Congressmen and Senators to support Congressman Green's letter.

The new regulations, issued jointly by three federal agencies, are the culmination of a rulemaking process that dragged on for nearly five years after Congress passed the Health Insurance Portability and Accountability Act (HIPPA) of 1996. The proposed final version of the regulations appear to directly contradict the will of Congress in passing that 1996 law, Green notes in a letter to his colleagues.

The purpose of the original legislation was to protect workers from discrimination in the health insurance they receive through their employers. As written by Congress, the bill would have prohibited employers from denying health coverage based on a worker's pre-existing medical conditions or participation in legal recreational activities.

"While the new rule prohibits employers from refusing coverage based simply on an employee's participation in legal recreational activities, it essentially legalized the denial of benefits for any injuries sustained while participating in these activities," Green wrote.

"Clearly, Congress did not include specific language to provide coverage for people who engage in these activities, only to be denied coverage in the event they sustain an injury," Green wrote.

The new rules written by the outgoing Clinton administration, were to take effect March 9. But President Bush put the regulation on hold until May 8 so they could be reviewed.

The American Council of Snowmobile Associations will submit comments to the federal agencies in opposition to this provision. We urge all individuals and snowmobile clubs to do likewise. Comments must be submitted by April 9 to:

Health Care Financing Administration
Department of Health and Human Services
Attention: HCFA-2022-IFC
P.O. Box 26688
Baltimore, MD 21207

U.S. Department of Labor
Pension and Welfare Benefits Administration
200 Constitution Avenue, NW
Room C-5331 - Attention: Nondiscrimination Comments
Washington, DC 20210

CC: M&SP: RU (REG-109707-97)
Room 5226
Internal Revenue Service
P.O. Box 7604
Ben Franklin Station
Washington, DC 20044

Below is a sample letter. Feel free to use this as your guide, and re-write it to make it as personal as possible. Send the same letter to each of the 3 agencies, and your elected US Senators and Representatives.

April X, 2001
Dear Madam/Sir:
We are writing in opposition to the non-discrimination regulations under the Health Insurance Portability and Accountability Act (HIPAA) proposed by your agency in January.

Like tens of millions of other Americans, we enjoy snowmobiling. Obviously, if we are unable to purchase health insurance that protects us as we participate in this legal activity, it will affect our continued participation.

These rules will affect more than just us. Here are some important economic statistics from just the snowmobile recreation:

* This year the snowmobile industry will generate about $8.4 billion in economic activity in the U.S. Approximately $1.2 billion will be in the sales of snowmobile, $1 billion in the sales of accessories, and $6.2 billion will be generated by the rural tourism industry.

* Snowmobile manufacturing accounts directly for approximately 10,000 full-time jobs. There are over 1,500 licensed snowmobile dealerships that account for 17,000 full-time jobs.

* Directly related tourism activity from hotels, motels, restaurants, etc., report over 25,000 full time employment.

* Snowmobilers generated over $3 million for charities in the U.S. last year.

* There are approximately 1.7 million registered snowmobiles in the U.S.

Other forms of recreation add further to the positive economic picture of our country and onerous health care insurance administration rules would only erode this productivity. The rules, as currently proposed, will adversely affect the entire snowmobile industry and much of the rural hospitality industry.

We support the original Congressional intent of the bill, which is to protect individuals like snowmobilers from being discriminated against and denied health insurance coverage simply because they are participating in a legal, recreational activity. We urge you to change the proposed rules to ensure medical coverage, including benefits, for injuries that may occur while riding and engaging in other legal, recreational activities.

Thank you for your consideration.
Sincerely,