Tuesday, November 19, 2013

They Can't Ask and You Don't Have To Tell

Caught a little bit of Rush Limbaugh today, and heard a caller say that a medical practice wouldn't take his wife as a patient until she answered questions about guns in the house.  With all the changes that this mess is causing, we need to remember that under the law that has created the mess - the Affordable Care Act - no practice or insurance company can do this.


Section 1001\2717: 
 
"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 information 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.

‘‘(4) LIMITATION ON DETERMINATION OF PREMIUM RATES OR ELIGIBILITY FOR HEALTH INSURANCE.—A premium rate may not be increased, health insurance coverage may not be denied, and a discount, rebate, or reward offered for participation in a wellness program may not be reduced or withheld under any health benefit plan issued pursuant to or in accordance with the Patient Protection and Affordable Care Act or an amendment made by that Act on the basis of, or on reliance upon—
‘‘(A) the lawful ownership or possession of a firearm or ammunition; or
‘‘(B) the lawful use or storage of a firearm or ammunition.

‘‘(5) LIMITATION ON DATA COLLECTION REQUIREMENTS FOR INDIVIDUALS.—No individual shall be required to disclose any information under any data collection activity authorized under the Patient Protection and Affordable Care Act or an amendment made by that Act relating to—
‘‘(A) the lawful ownership or possession of a firearm or ammunition; or
‘‘(B) the lawful use, possession, or storage of a firearm or ammunition.

6 comments:

  1. Good information. I never intended to answer, but was prepared for legal ramifications. Now I'll just quote the Section....before adding a suitable satisfying ending clause.

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    1. I figure that I'll never remember the specifics but if necessary can google it again.

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  2. I guess they had to pass it in order to find out that part was in it.....

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  3. They're STILL going to push to collect that data... Just sayin!

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    1. Oh yes. But we have legal right to say no.

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