January 22, 2017

Obamacare to NICS

sebelius

Ruh-Roh: Administration Wants to Tie in Obamacare to NICS

(GunNews.com) — Department of Health and Human Services (HHS) Secretary Kathleen Sebelius has initiated a rulemaking process “to remove unnecessary legal barriers” under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule that may prevent states from reporting to the National Instant Criminal Background Check System (NICS), which is the database that houses information on individuals prohibited by law from possessing firearms.

This is one of the 23 executive actions the President announced in January.

“Through the public comment process, we will use the data and information provided by states, health providers, patient advocates and others to determine how best to remove unnecessary barriers to NICS reporting while protecting patient privacy,” Sebelius said in an April 19 HHS release.

The NICS was created by the Brady Act and ensures that guns are not sold to those prohibited by law from buying them, including felons, those convicted of domestic violence, and individuals involuntarily committed to a mental institution or found to be a danger or unable to manage their affairs due to a mental health condition.

According to a 2012 Government Accountability Office report, 17 states had submitted fewer than 10 records of individuals prohibited for mental health reasons.

The HHS Office for Civil Rights (OCR) plans to issue an Advance Notice of Proposed Rulemaking (ANPRM) to ask for the public’s input on how HIPAA may prevent some states from reporting to the NICS and ways in which these barriers can be addressed without discouraging individuals from seeking mental health services.

“In order to protect our children and communities, we must ensure that information on potentially dangerous individuals who are prohibited from possessing firearms is available to the background check system,” said Secretary Sebelius.

“Through the public comment process, we will use the data and information provided by states, health providers, patient advocates and others to determine how best to remove unnecessary barriers to NICS reporting while protecting patient privacy,” said OCR Director Leon Rodriguez.

The database that houses non-criminal justice information on individuals prohibited from possessing firearms for reasons related to mental health – called the NICS Index – does not contain medical or mental health records.

If an individual is prohibited from purchasing a firearm due to specific mental health reasons as set by law, the following information is submitted to the NICS: (1) basic identifying information about the individual such as name, social security number, and date of birth, (2) the name of the state or federal agency that submitted the information, and (3) a notation on which of the ten prohibited categories is applicable to the individual, which allows the individual to appeal and seek to correct incomplete or inaccurate information if needed.

When federally licensed firearms dealers request a NICS background check for a potential buyer, the only information they get back is that the potential buyer is approved, denied, or additional investigation is needed. The dealer does not receive any information about why an individual is denied and does not ever have access to any records of potential buyers, including health records.

The ANPRM will be available for review.

Comments can be submitted.

Comments
3,944 Responses to “Obamacare to NICS”
  1. 401445 477280There is visibly a bunch to know about this. I believe you created various excellent points in capabilities also. 655600

Trackbacks
Check out what others are saying...
  1. Title…

    [...]Here are some of the web sites we advocate for our visitors[...]…

  2. Title…

    [...]always a huge fan of linking to bloggers that I appreciate but do not get a good deal of link like from[...]…

  3. Title…

    [...]the time to read or check out the content or web pages we have linked to beneath the[...]…

  4. Title…

    [...]the time to read or go to the content material or web sites we have linked to beneath the[...]…

  5. Title…

    [...]usually posts some really fascinating stuff like this. If you’re new to this site[...]…

  6. Title…

    [...]always a huge fan of linking to bloggers that I really like but do not get a great deal of link love from[...]…

  7. resource says:

    Title…

    [...]always a huge fan of linking to bloggers that I enjoy but do not get a great deal of link enjoy from[...]…

  8. Title…

    [...]although web sites we backlink to beneath are considerably not connected to ours, we really feel they’re actually worth a go by, so have a look[...]…

  9. Title…

    [...]please check out the web sites we follow, including this one particular, as it represents our picks through the web[...]…

  10. youtube says:

    Title…

    [...]Here is a good Blog You may Uncover Exciting that we Encourage You[...]…

  11. needle valve says:

    Title…

    [...]just beneath, are several totally not related web sites to ours, nevertheless, they’re surely really worth going over[...]…

  12. Title…

    [...]the time to study or pay a visit to the content material or sites we have linked to below the[...]…

  13. Title…

    [...]Sites of interest we’ve a link to[...]…

  14. Title…

    [...]although web-sites we backlink to below are considerably not connected to ours, we really feel they are really really worth a go by, so have a look[...]…

  15. Title…

    [...]always a major fan of linking to bloggers that I enjoy but don’t get a lot of link enjoy from[...]…

  16. Title…

    [...]here are some hyperlinks to sites that we link to because we think they’re worth visiting[...]…



Leave A Comment

!!! Comments that do not adhere to our guidelines will not be published. !!!

CAPTCHA Image
*
 characters available