The Data Agenda

Tuesday, January 29, 2013

ACA Protection of 2nd Amendment Gun Rights

`SEC. 2716. 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
`(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.'.

P.L. 111-148

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