The 2010 federal health care reform law (Patient Protection and Affordable Care Act, as amended by the Health Care and Educational Reconciliation Act) contains second amendment gun rights provisions. Specifically, it limits what gun ownership information can be collected from individuals who obtain health insurance under the Act.
For example, it prohibits a wellness and health promotion activity implemented under the Act to require the disclosure or collection of any information relating to either the (1) presence or storage of a lawfully possessed firearm or ammunition in someone’s home or on his or her property or (2) the individual’s lawful use, possession, or storage of the firearm or ammunition.
It also prohibits (1) increasing a premium rate; (2) denying health insurance coverage; or (3) reducing or withholding a discount, rebate, or reward offered for participating in a wellness program under any health plan issued pursuant to the Act based on the individual’s lawful firearm or ammunition ownership or use.
It also protects individuals from being required to disclose such information under any data collection activity authorized by the Act.
