By Jay Hancock, Kaiser Health News
Did you know the Affordable Care Act stands up for gun rights? The “Protection of Second Amendment Gun Rights” section (page 19 in this PDF) says the health law’s wellness programs can’t require participants to give information about guns in the house. It also keeps the Department of Health and Human Services from collecting data on gun use and stops insurance companies from denying coverage or raising premiums on members because of gun use.
The Newtown massacre renews the controversy about whether gun violence is a public health issue. Should health authorities view guns in the same category as pneumonia and car crashes? The debate has been going on for years, with epidemiologists arguing firearms can kill just as many as a bad flu season and gun-rights advocates viewing any attention from public health officials as a step toward gun confiscation -- the beginning of the end of the Second Amendment.
The ACA language was included at the request of Nevada Democrat Sen. Harry Reid, the Senate majority leader and a gun rights supporter. Reid’s office did not respond to a request for comment, nor did the National Rifle Association.
Public health scholars criticize the measure because they say it keeps doctors and nurses from doing their jobs. While the law doesn’t ban doctors from asking about guns, it places limits on what information they can record. The fear is physicians will avoid the topic altogether, inhibiting a full conversation about firearms hazards.