Do you HAVE to answer if your Doctor asks you about guns? - Page 4
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Thread: Do you HAVE to answer if your Doctor asks you about guns?

  1. #31
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    Do you HAVE to answer if your Doctor asks you about guns?

    Been thinking about this question and I guess I would have to respond with "and. How does this question affect my exam ?"

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  3. #32
    Quote Originally Posted by keith4298 View Post
    #1 No one is making a list. The Doctor isn't writing down who has a bicycle at home when he advises you to have your kid wear a helmet and they aren't writing down who has a gun when they advise you not to keep it out loaded in front of kids.

    #2 There is NO provision in Obamacare, despite what you've seen printed in forums that allows the Government to have access to your medical records. Obviously, medicare is run by the Government, but even in that case, the doctor sends billing info, not patient info to medicare.

    #3 They don't need knowledge with firearms. They aren't professional bikers, when they tell you to wear a helmet and padding. All they are telling patients is to make sure that DANGERS, which a firearm is to a child that doesn't know how to operate it properly, are out of reach.

    My pediatrician didn't know anything about firearms. He asked me if I had a safe to make sure my little girl couldn't get it. I discussed safety a little bit and we left. He's also a good friend of our family.

    I'm not saying that a healthy dose of paranoia is always a bad thing - there are lots of people that would like to collect your firearms. But this provision - isn't it.
    It is also illegal for the government to wiretap US citizens without a warrant signed by a judge, right?

    Yea, that would be great if the government gave a damn about the laws and the rights of citizens, however they don't;



    Do you really expect them to respect the privacy of your medical records?
    “Religion is an insult to human dignity. Without it you would have good people doing good things and evil people doing evil things.
    But for good people to do evil things, that takes religion.” ― Steven Weinberg

  4. #33
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    Quote Originally Posted by Jay View Post
    You dont' have to answer anyone, for any reason, on any topic. I've been 100% disabled for many years, and I've never had any provider, VA or otherwise, ask me about firearms.

    XD40, you opted out of wasting time on a useless office visit, but most important to the doc, you opted out of the doc being able to bill Medicare for that useless office visit.
    The VA asks me about tobacco and alcohol use and firearms at every appointment. And has done so for as long as I have been using the services. I started out thinking I should be forthright, now I think that is a mistake. The state of Montana just passed a bill that says I do not have to answer, and if I don't I can't be refused treatment.
    ...SCOTUS says we're right...You don't like it. I'm sorry you don't like it. I guess that's a problem for you. Some people don't like gays. Some don't like alcohol. Some don't like meat. ~michaelzwilliamson

  5. #34
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    Quote Originally Posted by jzumrick View Post
    Pediatricians are the physician who most frequently ask about guns in the home. That is because it is part of a program to reduce home accidents which a the primary cause of pediatric deaths after year one. This program consists of about 15 questions which among other things asks about a home pool, caustic chemical in the home. Only one question asks about the prescience of gun. If the parent answers yes then feedback is given depending on the child's age like keep them out of the reach of children if age 1 or 2, for older children you may get advised to keep the gun locked up. You may politely decline. The program is preventative in nature making sure parents are aware of prime danger areas in the home.
    It seems this convention assumes that gun owning parents are dangerous retards who need condescending coaching from medical professionals. It's the assumption that grates, see?
    ...SCOTUS says we're right...You don't like it. I'm sorry you don't like it. I guess that's a problem for you. Some people don't like gays. Some don't like alcohol. Some don't like meat. ~michaelzwilliamson

  6. #35
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    Quote Originally Posted by keith4298 View Post
    Jim, that is a flat out non-truth. You medical records are governed by HIPPA and are NOT available to the Government. Not a little, not at all.

    Anyone telling you otherwise is lying to you. If you don't want to believe me, ask your doctor. You can even read the bill, although who has that much time.

    There is NOTHING in your medical records that is transmitted to the Government. Medical records (for the most part) aren't even digital.
    When your only medical care is from the VA it is ALL government. And my entire medical record: visits, complaints, diagnoses, diagnostics, histories, prescriptions, is available to be read and known by anyone at the VA who can access the system.
    ...SCOTUS says we're right...You don't like it. I'm sorry you don't like it. I guess that's a problem for you. Some people don't like gays. Some don't like alcohol. Some don't like meat. ~michaelzwilliamson

  7. Here's the relevant Public Law regarding his question.

    First, I am not a lawyer, nor is this an attempt to practice law.

    There 30+ responses, all valid for this question, but things are a bit thin as to what is allowed to be asked by a doctor during an medical exam that does not involve mental capacity or similar issues. I am posting the relevant Public Law excerpts, specifically Sen. Reid's (D. Nev.) little poison pill.

    First, you do not have to answer any questions during an exam, it's your God given Right against self incrimination (USCA 5). Remember though, that by not answering a question, you may be perceived as saying YES. Additionally, silence is wasting valuable face to face time with your doctor best used to address your medical issues.

    Second, the HIPAA concerns addressed in these threads. This Public Law also addresses them in part; remember though, that some states require you allow hem access to all records including mental heath issues as part of being able to legally own a firearm, and in some states most all of the answers are now Public Record. Again, its your call as to what you do or say.

    Now, for better or worse, here's the relevant Public Law. The GPO website is at the end, and page numbering is intact. This short section is a PIA to read in way that makes sense, but I guess "...that's why we have to pass it..." (N. Pelosi, House Leader)
    ================================================== ================================================== ==

    TITLE X--STRENGTHENING QUALITY, AFFORDABLE HEALTH CARE FOR ALL AMERICANS, Subtitle A--Provisions Relating to Title I,
    ``SEC. 2715A. <<NOTE: Public information. 42 USC 300gg-15a.>> PROVISION OF ADDITIONAL INFORMATION.
    ``A group health plan and a health insurance issuer offering group or individual health insurance coverage shall comply with the provisions of section 1311(e)(3) of the Patient Protection and Affordable Care Act, except that a plan or coverage that is not offered through an Exchange shall only be required to submit the information required to the Secretary and the State insurance commissioner, and make such information available to the public.''.
    (d) Section 2716 of the Public Health Service Act, as added by
    section 1001(5) of this Act, is amended to read as follows:

    ``SEC. 2716. <<NOTE: 42 USC 300gg-16.>> PROHIBITION ON DISCRIMINATION
    IN FAVOR OF HIGHLY COMPENSATED INDIVIDUALS.
    ``(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

    [[Page 124 STAT. 885]]

    ``(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.''.
    [[Page 124 STAT. 886]]

    At: (5) Limitation on data collection requirements for individuals. http://www.gpo.gov/fdsys/pkg/PLAW-11...111publ148.htm (last visited May 28, 2013).

  8. #37
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    Quote Originally Posted by Shawn Jarman View Post
    Been thinking about this question and I guess I would have to respond with "and. How does this question affect my exam ?"
    As long as he doesn't ask you DURING the proctology exam.
    GOD, GUNS and GUITARS

  9. #38
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    Fuc# "god" I want an inviolable legal real world right to press my lips together and say nothing and still receive treatment without prejudice.
    ...SCOTUS says we're right...You don't like it. I'm sorry you don't like it. I guess that's a problem for you. Some people don't like gays. Some don't like alcohol. Some don't like meat. ~michaelzwilliamson

  10. Quote Originally Posted by BC1 View Post
    As long as he doesn't ask you DURING the proctology exam.
    Or during the hernia check.

  11. People in search of conspiracies invariably claim to know more than physicians writing about medicine and medical responsibilities, and infinitely more than lawyers writing about legal matters. Accuracy and truth are just a couple of speedbumps in the way of affirming qualifications for continuing membership in conspiracy cults, I guess. Conspicuous conspiracy and government malfeasance proclamations also provide a convenient, if transparent motive for ad hominem attacks (as with the ones on the physician above) on those who don't recite the prevailing groupthink slogans. (Name-calling is usually the desperation fallback position for people who know they don't have the facts on their side).

    In the meantime, some of those of you who boast about taking a tough, macho-affirming position with physicians and who also reload (and/or shoot indoors) had better get ready for finding that you're responsible for your and your young kids' stunted physical and mental development due to high lead levels. That serious problem can be detected early and headed off with blood tests for lead--which require discussions about guns with your physicians.

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