This is NOT a comprehensive explanation of all the regs and statutes.
This is NOT legal advice for any individual, group, or entity. If you have a real problem, get your own real attorney.
I do not claim to speak for anyone else, and all the following is my opinions; look at the original sources, draw your own conclusions, and feel free to point out any errors I make here.
The HIPAA regs, in force now for about 15 years, include a morass of detail on creation, securing, and disclosing medical information. In particular here, Chapter 45, Section 164.512, of the Code of Federal Regulations ("CFR"; easiest source is eCFR which is the official online site) deals with disclosure and redisclosure of personally-identifiable health information ("phi") and sets standards for when nothing can be disclosed without the patient's express authorization 945 CFR 164.508), when disclosures can be made if notice was given, but no effective objection was made (164.510), and when disclosures can be made regardless of what the patient wants (164.512). That last category includes court-ordered disclosures (you sue for personal injuries in a car crash, and the other side wants your med records because they think you were really injured when you fell off your bar stool the day before) (164.512 (e)); requests by law enforcement, pretty tightly restricted (164.512(f)); and now 164.512 (k)(7), disclosure to the NICS background check system.
In light of the increasing apprehension about personal medical info disclosures and possible resulting restriction of 2A rights, and in light of the tendency of internet addicts--yours truly included--to believe that the sky is falling because everybody else said so, I went to those source documents which I could find readily. Common search engines will do--I used Google.
There is a Senate Bill, S2002, currently referred to the Senate Judiciary committee, which includes a number of provisions clarifying and tightening up the process of state entities reporting firearms disqualifying data to NICS--see TITLE III of that bill. That bill, and a corresponding bill introduced in the House, have been endorsed by the NRA and a number of privacy advocate groups.
The HIPAA regulation amendment to 45 CFR 164.512, adding para (k) (7) procedures and standards for reporting to the NICS the identity of persons prohibited from possessing firearms by 18 U.S.C. 922(g)(4), narrowly restricts the reporting agencies, does not authorize a medical provider to be the reporter, and restricts the scope of the info which can be provided. Disqualifying info appears, consistent with the pending Senate and House bills, to be mental defective adjudication or mental institution commitment. (see ATF Information 3310.4, Federal Firearms Prohibition under 18 USC 922 (g)(4)...) These terms are, IIRC, being amended in the SB as well.
The devil will, of course, be in the details as they are actually enacted and signed into law. I certainly recommend that everyone sign up for legislative updates / alerts from the NRA, GOA, or some other reliable source, and be ready to call and write your Congresscritter when the times come.
This is NOT legal advice for any individual, group, or entity. If you have a real problem, get your own real attorney.
I do not claim to speak for anyone else, and all the following is my opinions; look at the original sources, draw your own conclusions, and feel free to point out any errors I make here.
The HIPAA regs, in force now for about 15 years, include a morass of detail on creation, securing, and disclosing medical information. In particular here, Chapter 45, Section 164.512, of the Code of Federal Regulations ("CFR"; easiest source is eCFR which is the official online site) deals with disclosure and redisclosure of personally-identifiable health information ("phi") and sets standards for when nothing can be disclosed without the patient's express authorization 945 CFR 164.508), when disclosures can be made if notice was given, but no effective objection was made (164.510), and when disclosures can be made regardless of what the patient wants (164.512). That last category includes court-ordered disclosures (you sue for personal injuries in a car crash, and the other side wants your med records because they think you were really injured when you fell off your bar stool the day before) (164.512 (e)); requests by law enforcement, pretty tightly restricted (164.512(f)); and now 164.512 (k)(7), disclosure to the NICS background check system.
In light of the increasing apprehension about personal medical info disclosures and possible resulting restriction of 2A rights, and in light of the tendency of internet addicts--yours truly included--to believe that the sky is falling because everybody else said so, I went to those source documents which I could find readily. Common search engines will do--I used Google.
There is a Senate Bill, S2002, currently referred to the Senate Judiciary committee, which includes a number of provisions clarifying and tightening up the process of state entities reporting firearms disqualifying data to NICS--see TITLE III of that bill. That bill, and a corresponding bill introduced in the House, have been endorsed by the NRA and a number of privacy advocate groups.
The HIPAA regulation amendment to 45 CFR 164.512, adding para (k) (7) procedures and standards for reporting to the NICS the identity of persons prohibited from possessing firearms by 18 U.S.C. 922(g)(4), narrowly restricts the reporting agencies, does not authorize a medical provider to be the reporter, and restricts the scope of the info which can be provided. Disqualifying info appears, consistent with the pending Senate and House bills, to be mental defective adjudication or mental institution commitment. (see ATF Information 3310.4, Federal Firearms Prohibition under 18 USC 922 (g)(4)...) These terms are, IIRC, being amended in the SB as well.
The devil will, of course, be in the details as they are actually enacted and signed into law. I certainly recommend that everyone sign up for legislative updates / alerts from the NRA, GOA, or some other reliable source, and be ready to call and write your Congresscritter when the times come.
