untitled

 

  
House Bill Introduced to

End Biker Health

Insurance Bias - Corrected Version

In the initial release the AMA errantly cited
 US Representative Ted Strickland as being
from Colorado when in fact Rep. Strickland
represents the people of Ohio’s 6th
 Congressional District. We apologize for
this inaccuracy.
The American Motorcyclist Association reports
that a bipartisan bill to end health-care
 discrimination against motorcyclists and
 ATVers has been introduced in the U.S. House.
U.S. Reps. Michael Burgess (R-Texas) and
Ted Strickland (D-Ohio) on June 8 introduced
H.R. 2793 -- "The HIPAA Recreational Injury
Technical Correction Act" -- would bar health-care
 discrimination against those who take part in
legal transportation and recreational activities
such as motorcycling, ATV riding, snowmobiling,
 or horseback riding.
U.S. Sens. Susan Collins (R-Maine) and Russ
Feingold (D-Wis.) introduced similar legislation
in the Senate: S. 577, "The HIPAA Recreational
Injury Technical Correction Act."
The measures are in response to action taken by
 federal bureaucrats that legalized health-insurance
discrimination against riders and others.
"It's shameful to allow health insurers to discriminate
 against individuals who take part in perfectly legal
hobbies and activities" Strickland said. "According
 to this rule, a person injured while drinking and
driving would be covered by their health insurance,
but an individual who falls from a motorcycle may not.
It just makes no sense."Burgess added: "The
development of this bill could
not have been possible without bipartisan congressional
 support and the hard work of the American Motorcyclist
 Association. I look forward to working alongside the
AMA to get this legislation passed into law.''
On August 21, 1996, President Clinton signed into law
 the Health Insurance Portability and Accountability Act
(HIPAA) to prohibit 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.
The AMA was outraged when federal bureaucrats went
against the will of Congress and immediately lobbied
Congress to right this wrong. Others involved in the effort
include the BlueRibbon Coalition, Motorcycle Riders
Foundation, ABATE of Wisconsin, ABATE of Ohio, the
American Council of Snowmobile Associations, and
the American Horse Council.
"This loophole written by federal bureaucrats must be
changed," said Ed Moreland, AMA vice president for
government relations. "We need all AMA and ATVA
members and all motorcyclists to contact the members
of their congressional delegations to support legislation
to fix this."
An easy way to send letters of support to members of
Congress is through the AMA Rapid Response Center
at www.AMADirectlink.com.


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Chicago officials back away from parade bike ban after AMA efforts

The city of Chicago has significantly changed its recently announced ban on motorcycles in parades in response to AMA inquiries on the issue.

The issue came to light after the office of Chicago Mayor Richard Daley sent a

 letter to various parade organizers, stating in part: "effective immediately, the City Parade Regulations have been amended to include a ban on machinery potentially dangerous to spectators and staff working parades." That machinery included "motorcycles, (pocket) mini motorcycles, mini motor bikes, motor scooters and three- and four-wheel all-terrain vehicles."

The ban outraged AMA members set to take part in Chicago parades this summer. They contacted the AMA, which, in turn, contacted Chicago city officials.

At first, officials refused to directly answer AMA questions related to the bike ban. However, a day later, Cindy Gatziolis, spokeswoman for the mayor's Office of Special Events, called to say the city had modified the ban.

Gatziolis said the initial ban was a response to a motorcyclist in a parade who began a stunt and almost careened into a spectator. City officials felt that rather than waiting for someone to get hurt, they should address the safety issue, she said.

"This is a pedestrian environment, and this is a safety issue," she said.

However, she said, a new letter will now be going out to parade organizers, which modifies that regulation to allow motorcycles in parades.

Under the new regulations Gatziolis outlined Friday, each parade will be allowed up to two groups of no more than 50 motorcycles each.

The Chicagoland Toys for Tots Motorcycle Parade set for December 4, a popular fund-raiser that annually draws tens of thousands of riders, will not be affected by the rules, Gatziolis said. Technically, the Toys For Tots run is a "motorcade," not a "parade," she said.

"When we first heard of these rules, we couldn't believe the city would make such a sweeping and discriminatory move,'' said AMA Director of State Affairs Sean Maher. "We're heartened to see them back away from the idea of a total ban on motorcycles so quickly. We'll continue to monitor the situation as it evolves."

 

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Mon, 9 May 2005 15:01:24 -0400 (EDT)

Urgent - Call or Email Your U.S. Senator Today

Take Action!

 

Support The Lautenberg Motorcycle Helmet Amendment

 

 

 

Help Stop the Repeal of State All-rider Motorcycle Helmet Laws.

Today the U.S. Senate is debating a multi-year, multi-billion dollar

transportation funding bill. Sen. Frank Lautenberg (D-NJ) will offer

 an amendment to the bill restoring the federal motorcycle helmet

law that Congress repealed in 1995. This was the catalyst for many

states to repeal their all-rider motorcycle helmet laws. Preliminary

highway fatality data released in late April by U.S. DOT show another

significant jump in motorcycle fatalities -- an 85% increase since 1997.

The following national organzations support the Lautenberg Amendment:

Advocates for Highway and Auto Safety
American Academy of
Pediatrics
American College
of Emergency Physicians
Brain Injury Association of America
Coalition for American Trauma Care
Consumers Union
Emergency Nurses Association
Public Citizen
Trauma Foundation

Motorcyclists and other groups already are calling and writing Senators

 urging opposition to this amendment. Please follow the link at the top of

this email to write a letter of support to your Senator and act today! We

need your help. Thank you.

 

 To Unsubscribe: You may unsubscribe from our mailing list at any time by visiting here.

 

 

I received your inquiry about our Motorcyclists Matter campaign; thank you

for your interest.

 

The campaign is designed to raise awareness and increase penalties for those

convicted of violating the right-of-way of vulnerable roadway users such as

 motorcyclists, bicyclists and pedestrians. Our goal is to encourage

motorcyclists to contact their state senators and representatives, seeking

support of right-of-way legislation that stiffens penalties for those reckless

or distracted drivers who harm others. In addition, we would like to encourage

states to require a motorcycle awareness component in their driver education

programs.

 

I'm pleased to mail you an information kit containing a copy of the NAMS

 (National Agenda for Motorcycle Safety), model legislation, background

information and copies of legislation introduced in eleven states. A kit will

be placed in today's mail for you.

 

During 2002, states with right-of-way legislation included Arizona (SB-1168),

 Colorado (HB02-1222), Minnesota (HF-3268/SF-3157), Missouri

(HB-1534/SB-1077), New Jersey (AB-1061), New York (A9703/S6150,

A10003/S-6638), Pennsylvania (HB-2057), Rhode Island (H-7456),

Virginia (SB-602; enacted) and West Virginia (S-260). Only Virginia put

their legislation into action.

 

In 2003, we are watching right-of-way legislation in eleven states, including

Florida (HB-0875/SB-2434), Maryland (HB-1114/SB-719; unfavorably reported

03/26/03), Massachusetts (HB-1245), Missouri (HB-570), New Jersey (AB-1061),

New York (A-8095), North Carolina (HB-965), Pennsylvania (HB-181),

 South Carolina (H-3653/S-418), Texas (HB-931) and West Virginia (HB-2814;

enacted 04/08/03).

 

You can follow the progress of right-of-way legislation by visiting our web site at

 www.AMADirectlink.com and selecting the "Protecting Your Right to Ride"

button on the left side of the page. Then select your state from the pull down

menu in the StateWatch block.

 

An introduction to the Motorcyclists Matter campaign is located on our web site

 under "Protecting your Right to Ride", "Motorcyclists Matter". The information

 kit provides the complete package.

 

One powerful way to get involved in the Motorcyclists Matter campaign is at the

local level. If you’re interested, contact Terry Lee Cook, AMA state programs

coordinator, at (614) 856-1900, Ext. 1288 or by e-mail at tcook@ama-cycle.org.

 He’ll put you in contact with an AMA Community Council where you live or give

you the information you need to set up a Community Council of your own.

 

Additional information on the AMA Community Council program can be found

 on our web site on the “Protection Your Right to Ride” page under

“AMA Community Councils.”

 

Thank you for contacting the AMA and for your continuing support.

 

Sincerely,

 

Imre F. Szauter

Legislative Affairs Specialist

American Motorcyclist Association

13515 Yarmouth Drive, Pickerington, OH 43147

(614) 856-1900  Ext.1125

iszauter@ama-cycle.org

 

 

-----------------------------------------------------------------------
 Got this off the Venture list.
 Only takes a few seconds. Click the link below and the letter will be
 emailed to your state's elected officials.
 ---------------------------------------------
 I received the following email from the AMA about this issue. Using
the  AMA site you can send an editable form email or letter to your
representative.
From the AMA...

ACTION ALERT - WRITE NOW! SUPPORT HOUSE PASSAGE OF S.423!
 Take Action by going to this link:
 http://capwiz.com/amacycle/issues/alert/?alertid=6689456
 TELL YOUR MEMBER OF CONGRESS TO FIX THE HEALTH INSURANCE LOOPHOLE!
U.S. Senator Susan Collins (R-ME) introduced S. 423, "The HIPAA
Recreational  Injury Technical Correction Act." This bill was passed on November
21, 2004  by the Senate, and now we need your support to get it through the
House. Please write your House Representative and tell them to support
passage of S.423!
 The legislation aims at promoting health care parity for individuals
 participating in legal transportation and recreational activities-activities

 like motorcycling, snowmobiling, horseback riding, running or walking.
 This legislation addresses a loophole caused by a Department of Health and
 Human Services' rule making it possible for health care coverage to be
denied to those who are injured while participating in these activities.
 Collins was joined by Senator Feingold (D-WI) in introducing the Senate legislation.

 "From riding Harley Davidson motorcycles to visiting the Snowmobile
Hall of Fame in St. Germain, these activities are part of Wisconsin's
heritage and economy," Feingold said. "It simply doesn't make sense to exclude
those participating in these activities from health care benefits."

 As background, self-insured employers and unions have been known to
deny health benefits to their motorcyclist employees and union members.
These unfair measures had been adopted on the questionable advice of third
party administrators in an effort to keep the cost of insurance premiums
low.
 On August 21, 1996 an important opportunity arose when President
Clinton signed the Health Insurance Portability and Accountability Act
(HIPAA), prohibiting employers from denying health care coverage based on a
worker s  pre-existing medical conditions or participation in legal activities.

 In 2001, the Health Care Finance Administration released the final
rules  that would govern the law. 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.  Essentially, the regulation grants protective status to motorcyclists  without any substantive benefits. "Because of this loophole, someone who participates in motorcycling, snowmobiling, running or walking could be denied health care coverage, while someone who is injured while drinking and driving a car would be protected," Senator Feingold said. "It is time that Congress corrected this so that those who are abiding by the law are not denied coverage."

 The AMA is urging all motorcyclists and those involved in any other
type of recreational activity  to notify their Member of Congress and tell
them to  support and pass S.423,  The HIPAA Recreational Injury

 Technical Correction  Act,  in the House.

 

 

 

 

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