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california motorcycle accident lawyer Norman Gregory Fernandez at Cooks Corner

If you have been in a Motorcycle Accident ANYWHERE in The State of California, call me now 24 hours per day, 7 days a week, for a free consultation at 800-816-1Law (800-816-1529), Extension 1

Welcome! my name is Norman Gregory Fernandez, Esq. I am a real biker, and a real California Biker and Motorcycle Lawyer.

Click Here to find out more about me.

I created the Biker and Motorcycle Lawyer Blog to share my experience of being a biker and a lawyer.

With more and more motorcycles on the road each year, it is important for bikers and motorcyclist to know their legal rights.

You will find many interesting biker and motorcycle related law articles in this blog.

I invite bikers who want to post articles and links to contact me at law@norman-law.com.

In this section we will cover legal subjects related to bikers and motorcycles.

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 Breaking Legal News

 American Bar Association Top 100 Blawg Honoree

Health Insurance Companies Are Discriminating Against Bikers; Maybe It Is Time for Universal Medical Insurance!

02/11/08

Health Insurance Companies Are Discriminating Against Bikers; Maybe It Is Time for Universal Medical Insurance!

Permalink 10:17:18 pm, by Norman Gregory Fernandez, Esq. Email , 416 words, 547 views   English (US)
Categories: News, Articles, Personal Injury, Biker Rights, General Legal, Editorial, Insurance, Other

Motorcycle Accident Lawyer Norman Gregory Fernandez discusses discrimination against bikers by Health Insurance Companies.I have read and heard reports that some employer based health insurance plans, and individual health care plans are now refusing to cover bikers and motorcyclist because they are classifying us as hazardous recreational vehicle users. Under this classification, they are refusing to provide health insurance coverage to us based upon new plan changes effective in January 2008.

I am sure this is a huge shock to bikers and motorcyclist who are suffering as a result of this practice, because it means that they are no longer covered for medical cost if they are in a motorcycle accident. What is more disturbing to me, is that I am quite sure that many people lost coverage for these types of accidents and were not notified! Check your insurance people.

This is flat out blatant discrimination against bikers and motorcyclist. This battle must be fought in every State and with every Health Insurance provider that is practicing this type of discrimination. What they are effectively doing is making it so motorcycle riders cannot obtain health insurance for the times that they ride their motorcycles.

What is further truly disturbing, is that hundreds of thousands of bikers and motorcyclist commute to work on their motorcycles each day, and use their motorcycles as a primary means of legal transportation! How can this be classified as recreational use?

The only other option for some persons is to buy Med Pay insurance as a part of their vehicle insurance package, but most policies only cover approximately $1,000.00 or less of medical bills.

It looks like the big corporate health insurance companies are tying to shut us bikers and motorcyclist down! Well there is an answer; that answer is mandatory universal health care coverage, whereby everyone is required to have health care, and no health insurance company can turn down anyone for anything, including pre-existing conditions or so called recreational use on a motorcycle.

The bottom line is that if we do not fight this blatant discrimination as bikers and motorcyclist, we will be screwed if we get into an accident. There are a heck of a lot more car accidents than motorcycle accidents in this country! This type of discrimination of ridicules and uncalled for. Pretty soon we will have health insurance companies telling us they won’t cover us if we eat a certain type of food.

It is time to fight these bottom crawler health insurance companies who are screwing our nation, and most of all us.

By Norman Gregory Fernandez, Esq., © 2008

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Comment from: Jim Dean [Visitor] Email · http://http:.//www.ilmotorcyclists.org/
February 5, 2008

Washington, D.C. - The American Motorcyclist Association announced recently that more than 100 members of the U.S. House of Representatives have co-sponsored a bill that would end health insurance discrimination against motorcyclists and others who participate in legal recreational activities or use their motorcycles for transportation.

While the action is significant, there is still much work to be done, according to AMA Vice President for Government Relations Edward Moreland.

“The AMA is calling on motorcyclists and others who face health insurance discrimination to urge their U.S. Representatives to support H.R. 1076, known as the HIPAA Recreational Injury Technical Correction Act,” said Moreland. "Time is short. The bill has broad bi-partisan support but we need 218 votes for passage. If we don’t act by April, we will likely miss our chance for legislative action in 2008."

Health insurance discrimination can have a devastating financial effect on families and has been the focus of efforts by the AMA and other groups for many years. Following the passage of the original HIPAA legislation in 2001, bureaucrats at the Department of Health and Human Services created a loophole that allowed insurance companies to deny benefits to people who are injured while participating in legal recreational activities, such as riding motorcycles or off-road vehicles, horseback riding, skiing, and other activities. H.R. 1076 will close that loophole.

Rep. Michael Burgess, M.D. (R-Texas) has worked diligently to get H.R. 1076 passed. "Laws like HIPAA are passed to protect people,” he said. “Sometimes they have unintended consequences. When this happens, Congress has an obligation to fix the loopholes and that’s what this bill does."

“No one should be denied health coverage for no reason other than they enjoy snowmobiles, motorcycles or other recreational activities,” said Rep. Bart Stupak (D-Mich.), the lead Democrat sponsoring the bill. “This legislation would enforce the original intent of Congress and ensure recreational enthusiasts are not discriminated against.”

In the last Congress, the U.S. Senate passed a companion bill by unanimous consent, but the bigger challenge has been getting legislation approved in the House.

"We now have 101 co-sponsors for this legislation in the House, which is an important milestone," said Moreland. "But to reach 218 votes and get H.R. 1076 passed, immediate grassroots action is crucial, especially since House members are returning to their districts soon to campaign for the fall election.”

U.S. Representatives can quickly and easily be contacted by going to the AMA Rapid Response Center at www.AMADirectlink.com.

Other organizations supporting this legislation include: American Council of Snowmobile Association; American Horse Council; American Recreation Coalition; American Trails; Americans for Responsible Recreational Access; Blue Ribbon Coalition; International Mountain Bicycling Association; Motorcycle Industry Council; Motorcycle Riders Foundation; National Ski Areas Association; Specialty Vehicle Industry Council; Sporting Goods Manufacturing Association; and the Washington Road Riders Association.

Provided by the American Motorcyclist Association.
PermalinkPermalink 02/12/08 @ 02:31
Comment from: bob zamalin [Visitor] Email
Which companies are currently practicing this type of discrimination?
PermalinkPermalink 02/12/08 @ 06:09
Comment from: Norman Gregory Fernandez, Esq. [Member] Email · http://www.motorcycle-lawyer.org/
Thanks for your comment Dean.

Norm
PermalinkPermalink 02/12/08 @ 11:24
Comment from: Norman Gregory Fernandez, Esq. [Member] Email · http://www.motorcycle-lawyer.org/
Bob I am not going to comment on the companies doing this discrimination due to the fact that I could potentially be sued for defamation!

All I can say is that it is being done, and to check with your insurance company to see if they have such an exclusion.

You can see be the comment posted by Dean that the AMA is also dealing with this issue as well.

Norm
PermalinkPermalink 02/12/08 @ 11:26

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