This message is from: Steve McIlree <[EMAIL PROTECTED]> I now have seen in several forums the thought that the warning on the denial of health insurance benefits to horsepersons was probably an Internet hoax. Unfortunately, it is not. I spent the past couple hours digging through the Federal Register and I can verify that the danger is real. I am no lawyer, but it certainly appears to me that the relevant portions of this interim regulation cited below state that you may not be denied insurance coverage because of your horse related activities, but the carrier may deny payment of benefits if your injury was sustained in a horse related activity. I would suggest that everyone stop wishing this thing was a hoax and start writing letters to the agencies involved, and to your representatives in the House and Senate. Send a letter, preferably handwritten, don't email. And pass this on to other horse people, motorcycle riders, snowmobilers, skiers, etc.
From Federal Register; January 8, 2001 (Volume 66, Number 5); Rules and Regulations; Page 1377-1420 http://frwebgate5.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=9700028916+0+0+0&WAISaction=retrieve On page 1379 under "Health Factors" Evidence of insurability. Several commenters urged that the health factor "evidence of insurability" be interpreted to prohibit plans and issuers from denying coverage to individuals who engage in certain types of activities. Commenters cited language in the conference report that states, "The inclusion of evidence of insurability in the definition of health status is intended to ensure, among other things, 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 similar activities." H.R. Conf. Rep. No. 736, 104th Cong., 2d Sess. 186 (1996). The interim regulations clarify that evidence of insurability includes participation in activities listed in the conference report. In addition, the interim regulations incorporate the statutory clarification that evidence of insurability includes conditions arising out of acts of domestic violence. See also the discussion below concerning source-of-injury restrictions under the heading "Application to Benefits." On page 1381 under "Application of Benefits" Source-of-injury restrictions. While a person cannot be excluded from a plan for engaging in certain recreational activities (see previous discussion on evidence of insurability under the heading "Health Factors"), benefits for a particular injury can, in some cases, be excluded based on the source of an injury. These plan restrictions are known as source-of-injury restrictions.\6\ Under these interim regulations, if a plan or group health insurance coverage generally provides benefits for a type of injury, the plan or issuer may not use a source-of-injury restriction to deny benefits otherwise provided for treatment of the injury if it results from an act of domestic violence or a medical condition (including both physical and mental health conditions). An example in the interim regulations clarifies that benefits for injuries generally covered under the plan cannot be excluded merely because they were self-inflicted or were sustained in connection with a suicide or attempted suicide if the injuries resulted from a medical condition such as depression. Another example illustrates that a plan can nonetheless exclude benefits for injuries because they were sustained in connection with various recreational activities if the accident did not result from any medical condition (or from domestic violence). -- Steve McIlree -- Pferd & Skipper -- Omaha, Nebraska, USA Don't blame me. I voted for Brown.