The Patient Protection and Affordable Care Act. H.R. 3590 Protection of Second Amendment Rights

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.

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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.’’.

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