Skip to comments.NY SAFE Act: ANY healthcare provider or local official can turn you for firearms confiscation
Posted on 04/11/2013 10:24:10 AM PDT by pabianice
Now reporting on the NY Lewis case in which a gun owner had his guns and LTC confiscated.
As the facts emerge, it is much worse than we thought. The state SAFE Act cancels the federal HIPPA Act (Surprise!), which is supposed to keep your health info private. No one has yet admitted who supplied to the NY State Police information that at some time Lewis took a mood leveling medicine. The REALLY scary part is that under SAFE, any "healthcare provider" -- physician, nurse, physical therapist, personal care assistant, pharmacy technician, LPN, elder day care visitor -- can turn you in to the state as unfit to own a firearm. Once named, you have no right to appeal.
Also according to the Fox report, Lewis' lawyer is already reporting that what happened to Lewis is happening to other clients.
And today Senate Republicans blessed Reid's plan to pass Obama's gun registration --> confiscation plans by banning the "transfer" of firearms among citizens. Of course, the House will surely save us. /S
This is scary. Bottom line: you can’t trust anyone, not even your own doctor anymore.
In other words, all medical personnel in NY are the enemy. You go to them for a diagnosis of physical conditions, but you speak as carefully around them as around police or Stasi/KGB informers. Mental health treatment is no longer an option within the borders of that state, at least not for those who want to keep their God-given and constitutionally=protected right to keep and bear arms. I hope a lot of their liberal shrinks lose their shirts over this, both in lost business and in lawsuits.
If doctor-patient privilege can be denied for firearms, what’s next? Will your doctor be forced to tell your employer about any medical procedures or treatments done to you?
(Oh, yeah, that’s one of the tenets of “We gotta pass it to see what’s in it” O-blamer-no-care)
All conservative local officials should start turning in all vocal liberals, and even the closeted ones.
What happened to no person shall be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation? Apparently our 5th Amendment rights are being ended just like our 2nd Amendment rights. This country is rapidly becoming a totalitarian state.
The NYS Troopers, who would be quite comfortable and at home working for the Stasi, are now claiming it was all a mistake.
Hmm, name the same, drugs taken the same, doctor the same, address the same but the Stasi want us to believe they made a mistake. No they are testing the waters to see if they have crossed the imaginary line in the sand and NY’rs have shown there is no line.
The crunch against citizens continues to escalate with each passing day.
A NYS Trooper is simply an LEO who could not pass the mental exam for any other Law Enforcement agency or are a diversity plant, or a female with estrogen deficiency.
So I guess from now on, when you go to visit your doctor, you have to bring your lawyer with you.
Since HIPAA is a federal law, the SAFE act can’t repeal it. However HIPAA was never about protecting patients from the government. It’s full of exceptions.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by OATH or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Your right to be secure in your person, house, papers, and effects SHALL NOT BE VIOLATED!
No warrant shall be issued unless there is PROBABLE CAUSE, supported by OATH or affirmation, and particularly DESCRIBING THE PLACE TO BE SEARCHED, and the persons or THINGS TO BE SEIZED.
If you are going to be questioned by the police you ASSERT YOUR 5TH Amendment rights! If they demand that you surrender your weapons, DEMAND A SEARCH WARRANT!
In order to get a search warrant, an officer must swear to the facts he is presenting to the judge. He might get by with a "false" or "mistaken" set of facts, but he subjects himself to a prison sentence and civil fines if he goes beyond his lawful scope of duties or authority. And lying to obtain a search warrant is not within the scope of ANY officer's duties!
YOUR RIGHTS ARE WORTHLESS UNLESS YOU AT LEAST MAKE THE EFFORT TO ASSERT THEM!!!!!
HIPAA was made to protect the privacy of a patient’s medical records. Severe fines were supposed to be levied on those who disclosed patients information without authorization or to persons who were not authorized to receive it. If you or I violate HIPAA, say goodbye to everything you own. If the Government violates HIPAA, no big deal.
- Q: Does the reporting requirement apply to mental health professionals working in private practice, on general hospital wards, or other locations outside of psychiatric wards?
- A: Yes, the requirement to report is not dependent upon the location of the treating professional or the patient.
- Q: Are there exceptions to this reporting requirement?
- A: Yes. A report is not required when, in the mental health professional's reasonable professional judgment, a report would endanger him or her or would increase the danger to the potential victim or victims.
- Q:What if there are several mental health professionals treating a particular individual are all of them required to make a report?
- A: Reports under MHL 9.46 are made using a clinician's reasonable professional judgment. Different clinicians treating the same individual may not agree, which should not prevent any one, or all, of them from making a report.
- Q:What information about the patient should be reported by mental health professionals?
- A: Mental health professionals should convey information necessary to allow the DCS to review the matter and determine if a report to the NYS Division of Criminal Justice Services (DCJS) is required (e.g., what clinical evidence, history, and risk factors have caused the mental health professional to conclude that the patient is likely to engage in conduct that would result in serious harm to self or others).
- Q: Are such reports in compliance with HIPAA?
- A: Under HIPAA, because these informational disclosures are required by law, they can be made without the patient's consent HIPAA permits disclosures of protected health information without the authorization or consent of the individual to the extent that such disclosure is required by law and the disclosure complies with the requirements of that law.
Your doctor will become a government spy. Refuse to fill out any part of a `mandatory health questionnaire’ and your attitude (antisocial, hostile, potentially violent, war-scarred psyche if you’re a vet) will be duly noted.
Especially if you refuse to confirm or deny that you own firearms.
And now, you can’t trust your “conservative Republican senator”, either.
War’s coming, folks.
Attorney-client privilege. This is a naked push for political power by very ruthless people, and they're succeeding.
Am I ever glad I have not sought health care for frivolous reasons. They have nothing on me.
I work in the medical field. I really had a bad feeling when I found out that ALL medical records were to be “electronic medical records” by 2014. This means that no matter what doctor you see, no matter what facility that you go for your healthcare, it will be digitalized and stored on computer. I am not a computer geek by any stretch of the imagination, but how hard would it be for the government to tap into this supposed “very confidential” goldmine to find out everything as far as your health. Every time you went to a health professional, every time you sought emergency care. Every time were admitted, all your medications past and present, every lab value, all your complaints, diagnoses, your treatments. When you think about it, your medical record will report an immense amount of information about an individual from the time they were born. I am not even sure at this point if the government would even need a health professional to report someone. It’s all in the system. All that info ready to be gleaned over. That is mind blowing.
only NY State and USA?-
Go seek treatment in another country, e.g., Canada.
Getting more like NaziGermany every day.
Why dos everyone cry when people point out the facts. The fact is we are following in Nazi footsteps.
Read your history.
Citizens pimping on each other kids being brainwashed in pre K, Kids pimping on their parents gun confiscation, political corruption,destruction of the Constitution.
It’s all right there WTF up.
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