An unnoticed liberal attack on the 2nd Amendment’s right to bear arms is taking place quietly and deviously via the “Affordable” Care Act. Make no mistake about it.
Under the guise of providing (aka, “dictating”) that all insurance policies must cover certain medical conditions, Obama and Sebilius are promulgating implementing regulations which will require coverage for “mental health” treatment. Certainly covering mental health issues is a humane, civil and logical coverage. That would be universally applauded, IF it were being done so solely for those altruistic reasons.
Let’s step away from that issue for a moment. Let’s turn our attention to the issue of medical records. Part of the ACCA (2009) made it a requirement that by Jan 1, 2014, all public and private healthcare providers must have adopted and demonstrated “meaningful use” of electronic medical records (EMR). (Penalties for non-compliance is a 1% reduction to providers in Medicare reimbursements.) This obligation is carried over through the ACA. Electronic records, especially those that are subject to government reimbursement, are now subject to access and review by the government. Citizens that register under the ACA with the government and provide identifying information (which includes not only the policy provider but other “PII” - personal identity information).
Without getting into too much “tech” information, the government can get access to your medical records many ways – via the Patriot Act (allegedly with a court order), via HIPAA (Health Insurance Portability and Accountability Act of 1996). The latter is a ‘notice requirement’ that you acknowledge when you first start with your doctor (and periodically thereafter). Government access via HIPAA is not limited to your doctor however. It can include records from any associated health service – pharmacies, research centers, etc. Your files can be provided to the government – usually for law enforcement purposes – and no notice need be given to you.
Combine these disclosure possibilities with the notice on the Obamacare registration that your information can be shared with many different agencies of the government, including IRS and Justice Department. Why should all this concern you?
Other than the obvious – that your medical records are really no longer private – contrary to what you are always led to believe - you will now be subject to Obama’s Justice Department confiscation of your guns. How? Let’s assume that you registered under Obamacare (even if you have insurance, we all must provide our policy coverage number on our tax returns), and let’s keep in mind that under various methods, the government can get access to your EMR, should you ever seek treatment for a mental health issue, that will be on your record (including your prescriptions). Setting aside any “obligation” a health provider has to report such a “condition”, your records will be coded (under ICD-10) reflecting that treatment. If the EMR is in a data base that the government can access (under HIPAA) for “law enforcement” reasons, disqualification from the ability to possess a gun (because of “mental illness”) is a “law enforcement” exception to health record privacy.
Your registration to obtain a gun is already in the government data base. How difficult do you think it would be for the government (NSA?) to do searches through EMR data bases to “match” the two data bases for “mental illness” “hits”. The next knock at your door would be the FBI coming to confiscate your guns. Everyone is now required to have health insurance, and mental health coverage is mandated. Presumably, inclusion of mental health coverage is intended for the betterment of each individual and society (to remove the stigma and to expand the capability to receive help – at government expense for millions of people). However, when you examine the government’s “reach” into your life, that coverage just might have an opposite effect and result.