Author Topic: Obama administration announces executive actions strengthening federal background checks for gun buyers  (Read 288 times)

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Offline AbaraXas

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Obama administration announced two new executive actions that will help strengthen the federal background check system and keep guns out of the wrong hands. The Department of Justice (DOJ) is proposing a regulation to clarify who is prohibited from possessing a firearm under federal law for reasons related to mental health, and the Department of Health and Human Services (HHS) is issuing a proposed regulation to address barriers preventing states from submitting limited information on those persons to the federal background check system....

...For example, DOJ is proposing to clarify that the statutory term “committed to a mental institution” includes involuntary inpatient as well as outpatient commitments.....


...Some states have also said that the Health Insurance Portability and Accountability Act’s (HIPAA) privacy provisions may be preventing them from making relevant information available to the background check system regarding individuals prohibited from purchasing a firearm for mental health reasons. In April 2013, HHS began to identify the scope and extent of the problem, and based on public comments is now issuing a proposed rule to eliminate this barrier by giving certain HIPAA covered entities an express permission to submit to the background check system the limited information necessary to help keep guns out of potentially dangerous hands. The proposed rule will not change the fact that seeking help for mental health problems or getting treatment does not make someone legally prohibited from having a firearm. Furthermore, nothing in the proposed rule would require reporting on general mental health visits or other routine mental health care, or would exempt providers solely performing these treatment services from existing privacy rules....

http://www.ketknbc.com/news/obama-administration-announces-executive-actions-s



So if I'm reading this correctly, the EO changes the HIPAA law without Congressional approval.  The term 'outpatient commitments' is also disturbing in its vagueness. Could this be interpreted as anyone who has seen a therapist or has taken Prozac or other drugs like that?  What about all the vets coming back who go through mandatory PTSD screening and may want to talk through some of the things they experienced with a counselor? 
« Last Edit: January 03, 2014, 06:13:20 PM by AbaraXas »

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the EO changes the HIPAA law without Congressional approval.
The eunuchs in Congress seem to have no objection to Obammy unilaterally amending the HCA, so why not other laws?   **nononono*
Life is too short to leave the key to your happiness in someone else's pocket.

Offline AbaraXas

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The eunuchs in Congress seem to have no objection to Obammy unilaterally amending the HCA, so why not other laws?   **nononono*

Nope, except a small handful, they are all ball-less wonders. (am I allowed to say that?)


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