Legislative Update

July 30, 2008

The Motorcycle Riders Foundation reports that language similar to the HIPAA loophole-fix language contained in HR 1076 may be offered by the bill's sponsor to a piece of legislation being worked on by the US House Energy and Commerce committee, as previously reported by the MRF.

While we are not privy to private negotiations between committee leadership and the bill's sponsor, we are cautiously optimistic that language that would be of benefit to motorcyclists would be included. The MRF has been aggressively lobbying committee members and staff to encourage this.

You may recall reading about an amendment offered in a committee mark up two weeks ago - that would have closed the loophole - that allows for insurance companies to refuse benefits for an injury, based on the source of the injury.

It's what is known in the insurance industry as a "source of injury exclusion". The amendment, offered by Dr. Michael Burgess (R-TX) was ruled not germane by Chairman Dingell (D-MI) and struck down.

Upon closer examination, it was brought to light that in fact the amendment was germane, so germane that the Chairman admitted he was wrong, that he was embarrassed by the oversight and wanted to correct his mistake. At that point the committee had dispensed of the bill leaving the fate of the amendment up to the House Rules committee, the last committee to consider any legislation before full consideration of the House.

A few options remain. Chairman Dingell, the Ranking Republican on the Committee, Mr. Barton (R-TX) and the amendment author, Mr. Burgess, have all signed off on a process agreement and a recommendation to the Rules committee to include the amendment before the measure is voted on before the full House of Representatives.

The MRF will notify you if and when the legislation comes before the House for a vote.

This positive news puts HR 1076 one step closer to becoming law. However much remains to be seen from the Rules committee, the Senate (S 616) and ultimately the White House.

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