re: obama's "executive actions" of 01.16.2013


There is much ongoing discussion on the actions identifed by obama - specifically with regard to "gun control".

This post deals ONLY with the subject of doctor-patient confidentiality.

Obama's reported statement (i.e., executive action) states:

"Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes. "

In fact, obamacare (i.e., the Affordable Care Act) does NOT prohibit doctors asking their patients about guns in their homes.

What obamacare says is that doctors are NOT REQUIRED TO ask, report, or funished data relating to gun ownership.

This is the portion of obamacare relating to guns:

“Protection of Second Amendment Rights” in Section 2716, part c, of obamacare: *********************** 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 in- formation 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.

The real concern is not what the law, or obama, says; the real concern is how such "executive actions" will be implemented in the "real world".

It is already obvious that this administration cares little for actual law. So, pay attention to what follows. This, I believe, is when the problems will arise.