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Dear Mr. Berni:

Thank you for contacting me regarding the HIPAA Recreational Injury Technical Correction Act (S. 616). I appreciate having your comments and welcome the opportunity to respond.

From mountain biking in the Mark Twain National Forest to water skiing on the Lake of the Ozarks, Missourians enjoy a wide rage of activities. This bill would prohibit health plans from denying their patrons coverage if they become injured in a so-called “high risk” recreational activity. I have concerns about how insurance companies, who are looking out for their bottom line, may define “high risk.” It also does not seem right that coverage should vary based on what kind of activity an individual is doing.

As you may know, federal regulations in 2001 were rewritten to prevent non-discrimination in health care coverage in the group market. Unfortunately, these well-intended rules created a loophole that could impact health coverage for certain types of recreational activities such as motorcycling, horseback riding, and skiing. S. 616 aims to close this loophole.

Again, I appreciate your taking the time to share your views. Please do not hesitate to contact me in the future regarding other matters of interest or concern to you.

All best,
Senator Claire McCaskill

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