Monday, June 17, 2013

They Can't Ask

With all of our health care data now flowing to various government entities regardless of any concerns for privacy, we get to look forward to more forms even if the info is never actually used.  And questions about gun ownership are now popping up on doctor's forms.  Most people respond with "Not your business."  Well, it's not only not their business, but they can't ask.  Obamacare contains the following provision:

(c) PROTECTION OF SECOND AMENDMENT GUN RIGHTS.—
‘‘(1) WELLNESS AND PREVENTION PROGRAMS.— A wellness and health promotion activity implemented under subsection (a)(1)(D) may not require the disclosure or collection of any information relating to—
‘‘(A) the presence or storage of a lawfully- possessed firearm or ammunition in the residence or on the property of an individual; or
‘‘(B) the lawful use, possession, or storage of a firearm or ammunition by an individual.
‘‘
(2) LIMITATION ON DATA COLLECTION.—None of the authorities provided to the Secretary under the Patient Protection and Affordable Care Act or an amendment made by that Act shall be construed to authorize or may be used for the collection of any in- formation relating to—
‘‘(A) the lawful ownership or possession of a firearm or ammunition;
‘‘(B) the lawful use of a firearm or ammunition; or
‘‘(C) the lawful storage of a firearm or ammunition.
‘‘(3) LIMITATION ON DATABASES OR DATA BANKS.—None of the authorities provided to the Secretary under the Patient Protection and Affordable Care Act or an amendment made by that Act shall be construed to authorize or may be used to maintain records of individual ownership or possession of a firearm or ammunition.
So if a doctor's office asks, they are out of bounds legally. 

h/t a caller on www.wcbm.com


12 comments:

  1. Heh. Wonder what would happen if you simply answered the question by filling in the relevant chapter/section/paragraph numbers:

    "Do you have any guns at home?" 8.11.3/c/II/B-E*

    That'd let you know REAL quick how many actually know the laws governing health care.

    *number sequence totally made up

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    Replies
    1. I need to track down the full reference so that can be done. Right now I'm just finding the pertinent piece quoted.

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  2. Replies
    1. They may do it, but we can mark it with "Not legal to ask or compile this information as per..."

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  3. I don't have any guns anyway so what's the worry? ;)

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  4. guns? I just have some rather large lead Pez dispensers.

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