Fwd: Re: my 2 cents [MR] Frightening news

[Barbara S.]

To the gentles of the Merry Rose.
This was posted to our Baronial List Serve here in Black Diamond and I 
thought it was well written and had some valuable information so I'm passing 
it along to you.


>From: Qaylah at aol.com
>To: <blackdiamond at wlu.edu>
>Subject: Re: my 2 cents  [MR] Frightening news
>Date: Tue, 03 Apr 2001 15:29:52 EDT
>
>I've looked at the final regs and the commentary and personally I think 
>they are avoiding the intent of HIPAA (the laws these regs relate to).  
>However, unless HCFA/DOL/PWBA receives well thought out comments from the 
>public, nothing will change.  I practice in health care law (mostly 
>medicare/medicaid compliance) and well know that HCFA can change its mind 
>with enough persuasion.  So send in your comments.  Make sure they are well 
>thought out, well reasoned and even if you aren't an attorney HFCA will 
>listen to you -sometimes even more so.
>
>Some of the comments I see people making here and elsewhere that I think 
>would be particularily useful to be sent in as commentary:
>
>1) What is hazardous recreation?  How will this be defined by the 
>companies?  Will this lead to increased litigation and tension between 
>insureds and insurers?
>
>2) What evidence justifies such an exclusion?  Do participants in these 
>activities have a higher rate of medical needs?  Are costly accidents 
>related to hazarous recreation a large portion of medical expenses?
>
>3) Intent of HIPAA was to be inclusive and prevent exclusion. This allows 
>discrimination in a subtle manner.
>
>4) How will one define related to the recreational activity?  If you had 
>bad knees before, will you now not be covered?
>
>5) Possible chilling effect on all types of recreational activities and 
>sports (we may be willing to live without bungee jumping but is the intent 
>to ban skiing?).
>
>Go at it -go forth and be heard. Comments are due to be in hand by April 9, 
>2001 and if in snail mail must be an original plus three copies.
>
>-Qaylah
>aka Stephanie J. Smith, Esq.
>
>ADDRESSES: Written comments should be submitted with a signed original and 
>three copies (except for electronic submissions to the Internal Revenue 
>Service (IRS) or Department of Labor) to any of the addresses specified 
>below. Any comment that is submitted to any Department will be shared with 
>the other Departments.
>     Comments to the IRS can be addressed to: CC:M&SP:RU (REG-109707-97), 
>Room 5226, Internal Revenue Service, POB 7604, Ben Franklin Station, 
>Washington, DC 20044.
>
>Alternatively, comments may be transmitted electronically via the IRS 
>Internet site at: http://www.irs.gov/tax regs/regslist.html.
>
>Comments to the Department of Labor can be addressed to: U.S. Department of 
>Labor, Pension and Welfare Benefits Administration, 200 Constitution Avenue 
>NW., Room C-5331, Washington, DC 20210, Attention: Nondiscrimination 
>Comments.
>
>Comments may also be transmitted
>by e-mail to: HIPAA702 at pwba.dol.gov.
>
>Comments to HHS can be addressed to: Health Care Financing Administration, 
>Department of Health and Human Services, Attention: HCFA-2022-IFC, P.O. Box 
>26688, Baltimore, MD 21207.
>
>
>
>
>

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