General Category > General Questions

Asking about guns on Patient Information Sheet

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RichardP:
You are welcome.

He said that IF a state law is stricter than a federal law ...

In a contest between state and Federal law, the stricter law is the one that is allowed to carry the day - on any issue where there are both state and Federal regulations concerning the issue.  I made this same point recently here: http://www.medicalbillinglive.com/members/index.php?topic=7070.msg21194#msg21194

However, this gun reporting issue will be interesting - with respect to which issue gets the stricter test applied to it - the strongly encourage you to report or the strongly discourage you from reporting.  Since the ACA prohibits the collection of data related to owning or using firearms, it may fall out that doctors can be strongly encourage to report things that get their attention, but are prohibited from storing any information related to that concern.  We'll see.

DMK:
I have to say from the provider's side.  There has always been the DUTY to inform law enforcement when there is violence or the viable threat of violence (child abuse, spousal abuse, elder abuse, etc.).  We live in a VERY gun totin' community and "Do you have guns in the house?" is a question that will not be asked unless the doctor has reason to worry or assume there's a problem.

RichardP:
Understood.  But the New York fellow, and quite a few folks on the internet, are/were concerned that the new New York law just implemented might require (rather than simply allow) medical personnel to ask every patient about gun ownership.  The question being discussed here is can a state law require that?  The answer is not quite clear yet, in light of the NRA provisions that were inserted into the Federal ACA.  The answer will no doubt be determined in the courts.

DMK:
It will be even more interesting if the patient has to answer!

PMRNC:

--- Quote ---It will be even more interesting if the patient has to answer!
--- End quote ---

That's why I'm not going to dig further, this is an issue for the client and his attorney to fight over.  That wouldn't effect my job unless suddenly we had to report it on our CMS 1500 forms. LOL   (I know I shouldn't laugh, soon we will get a bill weekly for oxygen)   Anyhooooo  They can lead the horse to water but they won't be able to make them drink. Patient's will either NOT answer or lie so really what's difference?    doctors have mandatory reporting as it is and should continue on with those regs.   I have to put this headache away. I'm passing the buck to the lawyer .. <sigh>

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