On February 15, 2007, U.S. Representatives Michael C. Burgess (R-Texas) and Bart Stupak (D-Michigan) introduced H.R. 1076, "The HIPAA Recreational Injury Technical Correction Act." On the same day, Senators Susan Collins (R-Maine) and Russ Feingold (D-Wisconsin) introduced identical companion legislation, S. 616.

The bills seek to bar employers from discriminating against those who take part in activities such as motorcycling, ATV riding, skiing, snowmobiling or horseback riding in the health-insurance programs they offer their workers.

During the 108th Congress, the full Senate unanimously passed this legislative language; the House, however, adjourned before enacting the legislation. As a result, the legislation was re-introduced again this session of Congress.

"This important legislation would prevent health insurance discrimination against citizens who take part in legal, recreational activities such as motorcycle riding and snowmobiling," said Stupak. "I look forward to continuing to work with the American Motorcyclist Association and other organizations on this issue."

Burgess also credited the AMA's advocacy. "The development of this bill could not have been possible without bipartisan congressional support and the hard work of the American Motorcyclist Association."

In introducing the Senate bill, Collins referred to the Health Insurance Portability and Accountability Act (HIPAA) signed into law by President Clinton in 1996. "While I was pleased that the rule prohibits health plans and issuers from denying coverage to individuals who engage in certain types of recreational activities, such as skiing, horseback riding, snowmobiling or motorcycling, I am concerned that it would allow insurers to deny health benefits for an otherwise covered injury that results from participation in these activities."

"Folks who enjoy riding their Harleys should not be put at risk because of a health insurance loophole," said Feingold, whose state is home to Harley-Davidson Motor Company. "I will continue to work in a bipartisan fashion and with groups like the AMA to ensure outdoor recreation lovers have the peace of mind they deserve."

HIPAA originally prohibited employers from denying health-care coverage based on a worker's pre-existing medical conditions or participation in legal activities, such as motorcycling. But later federal bureaucrats reversed the law, writing rules to allow health-insurance discrimination against motorcyclists and others who engage in legal activities like ATV riding, or horseback riding -- employees were guaranteed the right to health-care coverage, but not guaranteed any benefits under those plans.

Motorcyclists were outraged when federal bureaucrats went against the will of Congress, and the AMA immediately lobbied legislators to right this wrong. Others involved in the effort include the All-Terrain Vehicle Association, the American Council of Snowmobile Associations, the American Horse Council, the BlueRibbon Coalition, the Motorcycle Industry Council, Motorcycle Riders Foundation, and the National Ski Areas Association.

"This loophole written by federal bureaucrats must be closed once and for all," said Edward Moreland, AMA Vice President for Government Relations. "We encourage AMA and ATVA members, as well as all motorcyclists and ATV riders, to contact members of their congressional delegations to support this important legislation."

Enthusiasts can send letters of support to members of Congress through the AMA Rapid Response Center at www.AMADirectlink.com.