TOTALLY GEEKED!

weltschmerz · Guru

RE: Tears Of Rage: Obama Cries During Gun Control Speech

lilyofcourse · My spirit animal is a pink flamingo.

cadiver wrote:
ACA has a section preventing the requirement of collecting the information. It does not prevent doctors from asking.

First of all, when Obamacare was moving through Congress, the NRA acted to ensure that the program could not be used as a formal legal basis for mandating inquiries and record-keeping about gun ownership. Section 2716(c) of the Affordable Care Act is titled “Protection of Second Amendment Gun Rights.”

Subsection (c)(1) states that “A wellness and health promotion activity” implemented under Obamacare “may not require the disclosure or collection of any information relating to” lawful possession or storage of firearms or ammunition in a person’s residence.When Obamacare was moving through Congress, the NRA acted to ensure that the program could not be used as a formal legal basis for mandating inquiries and record-keeping about gun ownership.

The next subsection, (c)(2), states that nothing in the Patient Protection and Affordable Care Act (PPACA, the formal name for Obamacare) authorizes the collection of information about the lawful possession or storage of firearms or ammunition.

Finally, (c)(3) says that nothing in the PPACA “shall be construed to authorize or may be used to maintain records of individual ownership or possession of a firearm or ammunition.”

That's the thing. It isn't "required".

But it is encouraged.

flan327 · Itty bitty's Grammy

weltschmerz wrote:
I know what to do_sometimes wrote:
When DD's pediatrician started asking the mandated questions such as " is there a gun in the house" I refused to answer. Part of O's plan is to circumvent the HPPA laws and use the information to put people on a watch list.
Could you please back that up with some facts? Thank you.

Conservatives thrive on paranoia...Keeps the masses in line.

And it's HIPAA.

flan

Lawyerlady · On the bright side...... Christmas is coming! (Mod)

flan327 wrote:
weltschmerz wrote:
I know what to do_sometimes wrote:
When DD's pediatrician started asking the mandated questions such as " is there a gun in the house" I refused to answer. Part of O's plan is to circumvent the HPPA laws and use the information to put people on a watch list.
Could you please back that up with some facts? Thank you.
Conservatives thrive on paranoia...Keeps the masses in line.
And it's HIPAA.
flan

Actually, the government doesn't need Obamacare to get access to your medical records - they can pretty much do it whenever they want. Here are some FACTS from the ACLU site.

https://www.aclu.org/faq-government-access-medical-records

Furthermore - you cannot be this dense. Obamacare allows the government access to your records, and further requires doctors to keep your records ELECTRONICALLY in a government database rather than safely on paper in their file cabinet, all in the name of knowing how to provide you proper minimum care. The PROOF is in the Act - go read it.

lilyofcourse · My spirit animal is a pink flamingo.

Well.

My mom is the HIPAA person for a nursing facility "chain" that is part of the hospital system.

In the fine print there is a single sentence.

I forget the exact wording but it roughly says, anyone in need of access to the medical records.

Basically, anyone in the health care field, doctors, nurses, administration, insurance and any one else can access your file.

And that is standard in all HIPAA forms.

flan327 · Itty bitty's Grammy

I thought you had to sign a form allowing access to your files. Maybe it's just for family members.

flan

huskerbb · Guru

weltschmerz wrote:
huskerbb wrote:
cadiver wrote:
ACA has a section preventing the requirement of collecting the information. It does not prevent doctors from asking.

First of all, when Obamacare was moving through Congress, the NRA acted to ensure that the program could not be used as a formal legal basis for mandating inquiries and record-keeping about gun ownership. Section 2716(c) of the Affordable Care Act is titled “Protection of Second Amendment Gun Rights.”

Subsection (c)(1) states that “A wellness and health promotion activity” implemented under Obamacare “may not require the disclosure or collection of any information relating to” lawful possession or storage of firearms or ammunition in a person’s residence.When Obamacare was moving through Congress, the NRA acted to ensure that the program could not be used as a formal legal basis for mandating inquiries and record-keeping about gun ownership.

The next subsection, (c)(2), states that nothing in the Patient Protection and Affordable Care Act (PPACA, the formal name for Obamacare) authorizes the collection of information about the lawful possession or storage of firearms or ammunition.

Finally, (c)(3) says that nothing in the PPACA “shall be construed to authorize or may be used to maintain records of individual ownership or possession of a firearm or ammunition.”
What we are talking about has nothing to do with that. What we are talking about is the provision that allows doctors to pass on medical information to authorities--in direct violation of HPPA.
Well, if not doctors, then who? Garage mechanics? Manicurists? Who is going to assess the mental status of people?
I guess it's fine with you if a depressed, suicidal patient wants to take out his whole family?
Ok if a psychotic patient hearing voices instructing him to kill is allowed to hang on to his gun?
Everyone makes the requisite noises about better mental health checks, but God forbid if a doctor thinks you really shouldn't have a gun.
Good luck with that.

So... At first you didn't even believe it was true. Now you've changed your tune and are arguing it's ok.

WYSIWYG · Guru

I thought you had to sign a form allowing access to your files. Maybe it's just for family members.
- flan327

____________________________

If it's the general release of information form, that's so you can specify someone other than yourself, whomever you name or list, has your permission to access the record(s). It keeps "Random Citizen A" from being able to look at your records. It doesn't limit access "to those with a legitimate need to know" such as, as was mentioned, other doctors, hospitals, insurers, the government, et cetera.

Nobody Just Nobody · Rib-it! Rrrib-it!

If I go have a mammogram I have to sign a release allowing them to send it to my family doctor and also my GYN. Likewise, any files my doctor requests from another doctor has to have my signature to release them. In fact, we were at the doctor today and signed some of these. Along with the one allowing me to access DH's file.