A publication supporting the rights, safety and freedom of all motorcyclists through education and not legislation. MARCH 2011
VOLUME XIX, ISSUE XI
Nonprofit Org US Postage Paid Permit #1662 Phoenix, AZ
SB1227 PASSES
motorcycle activities.
terrain vehicle riding, horseback riding, skiing and other similar activities.
abateofaz.org
ABATE of AZ. 7509 N. 12th St, #200 Phoenix, AZ 85020
Background
SB1227 - insurance; unfair discrimination; motorcycles, was heard in the Natural Resources and Transportation Committee on 2/14/11. It passed through that committee with a 6 YES – 0 NO Vote. It now goes on to the RULES Committee, which is more of a formality than anything else, and then on to the House Floor for a Full House Vote of all 90 members. The Purpose of SB1227, is to prohibit an insurance company from denying healthcare coverage or paying medical claims based solely on an individual’s participation in
In 1996, the federal Health Insurance Portability and Accountability Act (HIPAA) was enacted. Among its provisions, HIPAA prohibited employers from denying healthcare coverage based on a workers participation in legal activities. In 2006, the U.S. Department of Health and Human Services promulgated its final rule governing the nondiscrimination provisions of healthcare coverage insurance under HIPAA (71 CFR 75014). These rules generally prohibit a group plan or group health insurance issuer from denying an individual eligibility for benefits based on health factors. In addition, a healthcare insurer cannot charge a higher premium than a similarly eligible individual based on health factors. Some plans, although generally providing coverage for the treatment of an injury, deny benefits if the injury arose from a specified cause or activity. These kinds of exclusions are known as source-of-injury exclusions. These exclusions may include such legal recreational activities as motorcycling, snowmobiling, all-
Arizona law currently protects against the unfair discrimination between individuals of the same class as a basis to deny, cancel or refuse to renew health, disability and life insurance. Among other examples that constitute unfair discrimination in statute, is the rejection or denial of an application for insurance coverage on the basis of a genetic condition, developmental delay or developmental disability. An insurer also cannot limit coverage or charge a different rate for the same coverage to a victim of domestic violence. (A.R.S. § 20-448). SB1227 will add the following to A.R.S.20448: I. A HEALTH CARE INSURER SHALL NOT DENY HEALTH CARE COVERAGE TO ANY INDIVIDUAL BASED SOLELY ON THAT INDIVIDUAL'S CASUAL OR NONPROFESSIONAL PARTICIPATION IN THE ACTIVITY OF MOTORCYCLING.
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