BILL REQ. #:  S-4023.1 

Read first time 01/26/2004.   Referred to Committee on Health & Long-Term Care.

     TO THE HONORABLE GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED:
     We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:
     WHEREAS, The promotion of health care coverage parity for individuals participating in legal recreational activities or legal transportation activities is essential to a healthy society; and
     WHEREAS, The Health Insurance Portability and Accountability Act (HIPAA) became law in 1996, prohibiting employers from denying health care coverage based on a worker's preexisting medical conditions or participation in legal activities; and
     WHEREAS, The U.S. Department of Health and Human Services released the final rules that would administer the HIPAA law in 2001; and
     WHEREAS, The rules recognize that employers cannot refuse health care coverage to an employee on the basis of their participation in a recognized recreational activity. However, the benefits can be denied for injuries sustained in connection with those recreational activities; and
     WHEREAS, The Washington State Legislature believes that there is an inherent conflict between this federal statute and the final rule making; and
     WHEREAS, The final rule grants protective status to recreationists without any substantive benefits; and
     WHEREAS, The final rule does not reflect the original intent of HIPAA; and
     WHEREAS, The federal government has drafted new legislation S.423/H.R. 1749, "The Health Care Parity for Legal Transportation and Recreational Activities Act" to remedy the problem; and
     WHEREAS, The Washington State Legislature calls upon the United States Congress to affirm and protect the health care coverage of those individuals who pursue active and healthy lifestyles; and
     WHEREAS, The Washington State Legislature affirms its strong support for the rights of recreationists and opposes measures that deny benefits to those injuries sustained while recreating; and
     WHEREAS, The Washington State Legislature affirms its commitment to uphold health care parity and coverage, and therefore expresses its support of S.423/H.R. 1749, "The Health Care Parity for Legal Transportation and Recreational Activities Act"; and
     WHEREAS, The Washington State Legislature believes that a plan or issuer should not deny benefits otherwise provided for the treatment of an injury solely because such injury resulted from participation of the enrollee in an activity such as motorcycling, snowmobiling, all-terrain vehicle riding, horseback riding, skiing, or other similar legal activity;
     NOW, THEREFORE, Your Memorialists respectfully pray that the United States Congress pass and the President of the United States sign, "The Health Care Parity for Legal Transportation and Recreational Activities Act."
     BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable George W. Bush, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington.