TexasCHLforum.com

17 (e) Section 2717 of the Public Health Service Act, as
18 added by section 1001(5) of this Act, is amended—
19 (1) by redesignating subsections (c) and (d) as
20 subsections (d) and (e), respectively; and
21 (2) by inserting after subsection (b), the fol22
lowing:
23 ‘‘(c) PROTECTION OF SECOND AMENDMENT GUN
24 RIGHTS.—
25 ‘‘(1) WELLNESS AND PREVENTION PROGRAMS.—
26 A wellness and health promotion activity imple-
VerDate Nov 24 2008 09:39 Dec 29, 2009 Jkt 089200 PO 00000 Frm 02037 Fmt 6652 Sfmt 6203 E:\SENENR\H3590.EAS H3590 wwoods2 on DSK1DXX6B1PROD with BILLS
2038
HR 3590 EAS/PP
1 mented under subsection (a)(1)(D) may not require
2 the disclosure or collection of any information relat3
ing to—
4 ‘‘(A) the presence or storage of a lawfully5
possessed firearm or ammunition in the resi6
dence or on the property of an individual; or
7 ‘‘(B) the lawful use, possession, or storage of
8 a firearm or ammunition by an individual.
9 ‘‘(2) LIMITATION ON DATA COLLECTION.—None
10 of the authorities provided to the Secretary under the
11 Patient Protection and Affordable Care Act or an
12 amendment made by that Act shall be construed to
13 authorize or may be used for the collection of any in14
formation relating to—
15 ‘‘(A) the lawful ownership or possession of
16 a firearm or ammunition;
17 ‘‘(B) the lawful use of a firearm or ammu18
nition; or
19 ‘‘(C) the lawful storage of a firearm or am20
munition.
21 ‘‘(3) LIMITATION ON DATABASES OR DATA
22 BANKS.—None of the authorities provided to the Sec23
retary under the Patient Protection and Affordable
24 Care Act or an amendment made by that Act shall
25 be construed to authorize or may be used to maintain
VerDate Nov 24 2008 09:39 Dec 29, 2009 Jkt 089200 PO 00000 Frm 02038 Fmt 6652 Sfmt 6203 E:\SENENR\H3590.EAS H3590 wwoods2 on DSK1DXX6B1PROD with BILLS
2039
HR 3590 EAS/PP
1 records of individual ownership or possession of a
2 firearm or ammunition.
3 ‘‘(4) LIMITATION ON DETERMINATION OF PRE4
MIUM RATES OR ELIGIBILITY FOR HEALTH INSUR5
ANCE.—A premium rate may not be increased, health
6 insurance coverage may not be denied, and a dis7
count, rebate, or reward offered for participation in
8 a wellness program may not be reduced or withheld
9 under any health benefit plan issued pursuant to or
10 in accordance with the Patient Protection and Afford11
able Care Act or an amendment made by that Act on
12 the basis of, or on reliance upon—
13 ‘‘(A) the lawful ownership or possession of
14 a firearm or ammunition; or
15 ‘‘(B) the lawful use or storage of a firearm
16 or ammunition.
17 ‘‘(5) LIMITATION ON DATA COLLECTION RE18
QUIREMENTS FOR INDIVIDUALS.—No individual shall
19 be required to disclose any information under any
20 data collection activity authorized under the Patient
21 Protection and Affordable Care Act or an amendment
22 made by that Act relating to—
23 ‘‘(A) the lawful ownership or possession of
24 a firearm or ammunition; or
VerDate Nov 24 2008 09:39 Dec 29, 2009 Jkt 089200 PO 00000 Frm 02039 Fmt 6652 Sfmt 6203 E:\SENENR\H3590.EAS H3590 wwoods2 on DSK1DXX6B1PROD with BILLS
2040
HR 3590 EAS/PP
1 ‘‘(B) the lawful use, possession, or storage of
2 a firearm or ammunition.’’.

Monday, December 21, 2009
Guns could no longer be considered a threat to health under health care reform if Senate Majority Leader Harry Reid’s compromise passes. In all the the deal making and tinkering to win support for the bill, Reid added a provision to prevent the Secretary of Health and Human Services from collecting data on guns and ammunition in households, and using it in any relation to health care. It also bars insurers from taking into account the risks guns might pose to people’s health in setting premiums or offering rebates to people with healthy lifestyles. For instance, if someone were to find people in houses with firearms were more likely to suffer gun injuries, that could not be used to set premiums, sort of like barring the use of pre-existing conditions.