Recently, we were made aware that some physicians, in the State of Florida, are asking patients to disclose whether they had a firearm at home.
Image redacted to protect patient privacy
This prompted a research effort on our part to see if collecting information on firearm possession and/or ownership was a requirement resulting from passage of H.R. 3590. Our findings suggest the opposite is true.
Second Amendment Protections are stipulated in SEC. 2716. PROHIBITION ON DISCRIMINATION IN FAVOR OF HIGHLY COMPENSATED INDIVIDUALS –
(c) PROTECTION OF SECOND AMENDMENT GUN RIGHTS. You can find its text starting at H. R. 3590—766 through H. R. 3590—767 (p 766 – 767 of the Bill) I’ve included the text below for our readers convenience.
‘‘(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
H. R. 3590—767
‘‘(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.’’.
