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Skydivers Face Health-Care DiscriminationPosted Friday, March 9, 2001People who skydive or engage in other recreational activities could be denied health coverage by their employers' group health plans if new regulations are left intact by the federal government. USPA urges all skydivers to submit letters to three federal agencies in an effort to overturn the new rules.
The new regulations were jointly issued by three federal agencies on January 5TH, in the closing days of the Clinton administration. While published as final rules, there was also a request for comments by April 9, 2001.
The new regulations were the final step in a rulemaking process begun in 1996 by the federal government to amend and clarify the rules that apply to employers and group health plan insurers. In 1996, Congress passed the Health Insurance Portability and Accountability Act to protect workers from discrimination in the health insurance plans offered by employers. Importantly, Congress specifically prohibited employers or health insurance providers from denying health coverage based on a worker's pre-existing medical conditions or participation in legal recreational activities. Quoting from the Congressional Record of that time, the law "is intended to ensure...that individuals are not excluded from health-care coverage due to their participation in activities such as motorcycling, snowmobiling, all-terrain vehicle riding, horseback riding, skiing and other similarly activities." USPA strongly argues that skydiving is a similar activity for the purposes of the law.
Applied to skydivers, the new rules do not allow a person to be excluded from his or her employer's group health plan due to skydiving activity. Ironically however, the rules would allow medical claims to be denied in the event of a skydiving injury. In a kind of government double-speak, a summary of the new rules states that "While a person cannot be excluded from a plan for engaging in certain recreational activities...a plan can nonetheless exclude benefits for injuries because they were sustained in connection with various recreational activities..." Unless the new rule is modified, USPA fears that it's members could face denied coverage after being injured while skydiving.
USPA urges all skydivers-and others engaged in recreational activities-to voice opposition to the new rules to the three federal agencies involved-the Internal Revenue Service, the Pension and Welfare Benefits Administration, and the Health Care Financing Administration. USPA is coordinating its efforts with other sport and recreational organizations and associations. USPA also plans to appeal directly to the Bush administration.
For more information including customized letters and organizations that you can petition please visit the USPA Site
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