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This Is How a Secret Gun Provision Made its Way Into Obamacare Legislation
The Blaze ^ | 1/9/13 | Billy Hallowell

Posted on 01/09/2013 12:08:37 PM PST by Nachum

There’s a widely-unknown provision in the Affordable Care Act (also known as Obamacare) — legislative wording that is capturing attention in the wake of the Sandy Hook Elementary School shooting. Pushed by the National Rifle Association (NRA), a newly-noticed regulation that was placed deep within the bill back in 2010, among other things, bans doctors from documenting patients’ answers to questions that focus upon guns.

The Washington Post first reported on Dec. 30 about the presence of this controversial wording. Under a section with the headline “Protection of Second Amendment Gun Rights,” the NRA-advocated wording is nestled deep within the law. The Post called the inclusion, “a largely overlooked but significant challenge to a movement in American medicine to treat firearms as a matter of public health.”

As the outlet also noted, it was in the final stretch of the debate over Obama’s health care legislation that the NRA successfully pushed to insert this language. Below, see the portions of the Affordable Care Act that include mentions of firearms and the parameters through which doctors must operate in questioning patients (read the entire health care bill here):

(Excerpt) Read more at theblaze.com ...


TOPICS: Crime/Corruption; Government; News/Current Events
KEYWORDS: aca; banglist; gun; guncontrol; legislation; obamacare; obamacareguns; provision; secondamendment
Transparently opaque
1 posted on 01/09/2013 12:08:43 PM PST by Nachum
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To: Jet Jaguar; NorwegianViking; ExTexasRedhead; HollyB; FromLori; EricTheRed_VocalMinority; ...

The list, Ping

Let me know if you would like to be on or off the ping list

http://www.nachumlist.com/


2 posted on 01/09/2013 12:09:43 PM PST by Nachum (Back on the Google blacklist- www.nachumlist.com)
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To: Nachum

you have to pass it to find out what’s in it


3 posted on 01/09/2013 12:10:12 PM PST by Homer1
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To: Nachum

Reid was asked yesterday about his new stance on wanting to ban guns, esp. after the NRA supported his reelection in 2010. According to Reid, “his position has ‘evolved.’”


4 posted on 01/09/2013 12:11:42 PM PST by pabianice (washington, dc ..)
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To: Nachum

This is full-on BS! The “NRA provisions” were pushed to prevent your GP from asking if you have guns in the house during a physical or an annual appointment.

The field of psychology and psychiatry have an entirely different manual of rules by which they abide, and if any of their patients for even a moment rationalize or discuss harming themselves or any one else, even if they aren’t gun owners, those clinicians are required by law to report it.

The only thing prevented in the “NRA provisions” of the ACA is backdoor registration via mandatory concessions of ownership to your doctor, who now has to report that and everything else about you to the federal government.

The biggest fear I have about Obamacare is that a BUREAUCRAT, not a doctor, will be making decisions about my healthcare.

I say this with all sincerity and meaning: God damn Barack Hussein Obama and Nancy Pelosi.


5 posted on 01/09/2013 12:14:43 PM PST by rarestia (It's time to water the Tree of Liberty.)
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To: Nachum

Note that the NRA is wise enough to recognize that public “healthcare” incorporates political policy regarding firearms.

The is of course one of the fundamental fears of public healthcare. Namely, that public healthcare encompasses and challenges EVERYTHING about life and behavior and liberty, from guns to butter.


6 posted on 01/09/2013 12:18:07 PM PST by mbarker12474 (If thine enemy offend thee, give his childe a drum.)
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To: Nachum

‘‘SEC. 2716. PROHIBITION ON DISCRIMINATION IN FAVOR OF HIGHLY
COMPENSATED INDIVIDUALS.
‘‘(a) IN GENERAL.—A group health plan (other than a self-
insured plan) shall satisfy the requirements of section 105(h)(2)
of the Internal Revenue Code of 1986 (relating to prohibition on
discrimination in favor of highly compensated individuals).
‘‘(b) RULES AND DEFINITIONS.—For purposes of this section—
‘‘(1) CERTAIN RULES TO APPLY.—Rules similar to the rules
contained in paragraphs (3), (4), and (8) of section 105(h) of
such Code shall apply.
‘‘(2) HIGHLY COMPENSATED INDIVIDUAL.—The term ‘highly
compensated individual’ has the meaning given such term by
section 105(h)(5) of such Code.’’.
(e) Section 2717 of the Public Health Service Act, as added
by section 1001(5) of this Act, is amended—
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b), the following:
‘‘(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 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.’’.

//////////////////////

A key phrase is “legally owned”.


7 posted on 01/09/2013 12:18:47 PM PST by DBrow
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To: pabianice
“Evolved” is legislative talk means “F*** you, I won, I'll do whatever the F*** I want now, HA HA CHUMPS!”

As if anyone EVER believed the lies of a Socialist. Stalinists lie without any moral quandary or concern. No regret. No shame. Whatever it takes to get it done.

8 posted on 01/09/2013 12:20:36 PM PST by a fool in paradise (America 2013 - STUCK ON STUPID)
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To: Nachum
I want to do a rant on PTSD, I got out of VN in 1968 as did most of my friends and cousins about 50 of us. Alot of us were two termers or more, every action from 1965 to 1968.

Except for the first year of readaption, wild and crazey times, all marrried and are old fat and lazy, and dote on their Grandkids.

I did a psyc course when I was in College where I had to do Veterans Out Reach, most of the peoples were REMPHs and wannabes.

9 posted on 01/09/2013 12:26:37 PM PST by Little Bill (A)
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To: pabianice
...the NRA supported his reelection in 2010.

Is the NRA really that stupid?
10 posted on 01/09/2013 12:28:02 PM PST by Sopater (...where the Spirit of the Lord is, there is liberty. - 2 COR 3:17b)
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To: Sopater

“...the NRA supported his reelection in 2010.

Is the NRA really that stupid?”

Reid took credit for using fed funding to build a big, really big, “shooting center” somewhere, Nevada?

NRA paid him back.


11 posted on 01/09/2013 12:41:22 PM PST by DBrow
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To: Nachum
"Don't genocide me, bro."


12 posted on 01/09/2013 12:43:55 PM PST by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: Sopater

Yes, which is why my wife and I dropped our memberships.


13 posted on 01/09/2013 12:52:21 PM PST by Dahoser (Separation of church and state? No, we need separation of media and state.)
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To: Nachum

Bump & bookmark


14 posted on 01/09/2013 12:53:59 PM PST by EdReform (Oath Keepers - Guardians of the Republic - Honor your oath - Join us: www.oathkeepers.org)
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To: Dahoser

Did you go to GOA or another organization or just drop it altogether?


15 posted on 01/09/2013 12:57:22 PM PST by Solson (The Voters stole the election! And the establishment wants it back.)
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To: Nachum
Image 1640

Image 1626

Image 1628

Image 1637

16 posted on 01/09/2013 2:38:56 PM PST by Katechon
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To: Dahoser
Yes, which is why my wife and I dropped our memberships.

Never been a member, and now expect I never will be.
17 posted on 01/09/2013 2:50:50 PM PST by Sopater (...where the Spirit of the Lord is, there is liberty. - 2 COR 3:17b)
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To: DBrow

So if guns are made “illegal,” the provision is out the door.


18 posted on 01/09/2013 4:38:50 PM PST by Excellence (9/11 was an act of faith.)
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To: Nachum

I read the whole article and it seems sort of okay, if anything in the steaming pile of a monstrosity of the 0bastardcare bill can been anything other than a steaming pile of monstrosity.

So the docs can ask questions but they’re not “supposed” to keep records for the goverment about your answers. Big whoop.

BTW I saw a comment elsewhere from someone who talked to three doctors who were well known to the poster, they are being fired (what kind of health thingie they are hired by I don’t know). One an eye doc, one a suregon, one an anasthesiologist. The org is hiring foreign docs, cheaper. Older nurses, same thing.

In the UK many of the docs/nurses are Pakistanis, Jamaicans and so on. I suppose the same thing will happen here.


19 posted on 01/09/2013 4:42:40 PM PST by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point. CSLewis)
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To: Nachum

So that explains why my doctor didn’t bring it up at my last physical. A year ago he asked me if I had any guns in the house and I said nope, it’s hanging on the rack behind you. You should have seen the look on his face ... Priceless!


20 posted on 01/09/2013 7:40:06 PM PST by 41Thunder (The SUPPLY of Government is GREATER than the DEMAND of the people)
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To: DBrow

Let us see if that wording might invalidate NFA...considering the upcoming Executive Order will in all odds use NFA for nefarious ends.


21 posted on 01/09/2013 8:00:23 PM PST by ctdonath2 (End of debate. Your move.)
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To: little jeremiah

“So the docs can ask questions but they’re not “supposed” to keep records for the goverment about your answers.”

Yes indeedy, just like how the FBI does not keep NICS check results!


22 posted on 01/09/2013 8:10:12 PM PST by DBrow
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To: ctdonath2

“Let us see if that wording might invalidate NFA.”

I don’t understand, can you educate me? TIA


23 posted on 01/09/2013 8:12:30 PM PST by DBrow
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To: DBrow

NFA is the law requiring extremely tight registration, including a $200 tax on transfers, of “sawed off shotguns”, silencers, short barreled rifles, destructive devices (big guns), and the few remaining legal machineguns.
There is a viable theory that the Obama will issue an Executive Order to force “assault weapons”, if not all semiautomatics, into that category. You’ll be able to keep your guns, but they will be subject to very strict monitoring and scrutiny - an untenable position for most people, who presumably would rather give up the guns than adhere to the hyper strict law.
This is akin to the Obama’s current plan destroying the coal industry.

The hope here is that maybe, just maybe, there is wording in this odd part of Obamacare which could invalidate NFA by forbidding any law requiring gun registration. I’m skeptical this is the case, but it’s sure worth a shot. Such an invalidation would scuttle the predicted EO abusing NFA, and in great irony make considerably more dangerous guns perfectly legal without hassle.

It’s worth a shot.


24 posted on 01/09/2013 8:47:57 PM PST by ctdonath2 (End of debate. Your move.)
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To: ctdonath2

Thank you.


25 posted on 01/10/2013 7:32:57 AM PST by DBrow
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To: Solson

Dropped it altogether.


26 posted on 01/11/2013 10:11:22 AM PST by Dahoser (Separation of church and state? No, we need separation of media and state.)
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