Affordable care act and gun rights

[Malsua 1,422]

One of the topics that come up from time to time is health care providers asking about guns in the home.

 

I ran across an anecdote about it being illegal for a care provider to ask these questions so I looked up the relevant statute to confirm or deny.

 

I'm not sure if we've covered it here or not but I don't recall seeing.

 

As you can see below, it is _NOT_ legal for a care provider to ask these questions, at least in certain situations. The only caveat I see here are that it may be limited to wellness and health promotion activity. This may be a giant gaping loophole as I don't see "treatment" or more specifics like surgery or medications. Wellness is a narrow care band limited to stuff you can change or do to prevent you from becoming sick or sicker.

 

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42 USC § 300gg–17 - Ensuring the quality of care

 

http://www.law.corne...ext/42/300gg-17

 

(b) Wellness and prevention programs

For purposes of subsection (a)(1)(D), wellness and health promotion activities may include personalized wellness and prevention services, which are coordinated, maintained or delivered by a health care provider, a wellness and prevention plan manager, or a health, wellness or prevention services organization that conducts health risk assessments or offers ongoing face-to-face, telephonic or web-based intervention efforts for each of the program’s participants, and which may include the following wellness and prevention efforts:

(1) Smoking cessation.

(4) Physical fitness.

(5) Nutrition.

(8) Diabetes prevention.

 

 

© 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—

(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;

(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—

(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.

[JrzyGuy30 0]

great.. I was wondering about that when I heard Christie signed our state up to be part of Obamacare..

[Geek 4]

If my doctor ever asks such a question I will politely ask him why he is asking, then I will explain the legal consequences if I ever learn that anything about guns is placed in my medical records, i.e. I will sue him. I will also explain that he runs the same risk with every gun owner he has as a patient.

[Urban Grunt 44]

My doctors are both avid shooters, so is my dentist, all three are no fans of BO.