When your doctor asks you about guns in your house:

[Seismic Sam]

Besides saying MYOB, STFU, and a few other things, I thought of something that I don't have the answer to, so I'm bringing it forward to see what reaction I get. This key issue here is HIPAA, which is the multi-headed hydra that keeps sensitive healthcare information private, and this regulation comes with a good set of teeth and some pretty stiff penalties. In short, if you're a healthcare provider of any sort, releasing personal health data can lose you your license and/or get you an orange set of scrubs.

So, the big legal question to be asked is: If a doctor asks you about guns in your household during an office visit, are you covered by HIPAA for any answer you may give, and is the doctor breaking the law if he repeats that information to Sherriff Buford T. Justice at the local cop shop, or anybody else, for that matter?? I don't even begin to have the vaguest clue as to what the answer is, but I get the feeling that very few other people may know the answer for sure. The one thing I do know is that it takes a pretty extreme case of personal endangerment of some sort (drug addiction, violent mental illness, child or spousal abuse, etc.) before the doctor is allowed/obligated to go to the police.

Please chime in if you have relevant information in this area! If nothing else, if you are in the doctor's office and the doctor tries to find out how many guns you have, you can ask him if the information you give in HIS/HER office is covered by HIPAA, and if so who does he intend to share this PERSONAL information with?? I'm guessing you will get a huge chunk of tension filled silence as the doctor stars to ponder how tattling on you to the police could lose him his license.

Let the free-for-all begin!!

[LePetomane]

When a single payer system is in place the government will use your medical records as a portal into your life. They instituted HIPPA, they can exempt themselves from it.

[Bearcatrp]

Look at the breaches of medical records. Government has access to those records as well. If you feel you can trust giving them that information, knock yourself out. I would never give them that information. Non of there dam business and will tell them so if ever asked.

[mmcnx2]

I was the HIPAA compliance officer for a medial device company and I would say the firearm answer would not be covered. HIPAA protects medical information, you doctor can't share you blood pressure or weight while including any identifying information, but any non-medical information information falls outside of those regulations. Please note they can share you medical information as long as they don't identify it is your data. You may notice the release for they pass by you that allows them to use your unidentified information, which most due for research and statistical analysis.

[Hmac]

If your doctor asks you about guns, just decline to answer. Be polite unless you're willing to find another doctor. They have no obligation to treat rude or unpleasant people (except for emergencies) and you might get fired as a patient.

As to HIPPA, your medical record and everything in it is covered. Doctors have an obligation to report on any patient that they sincerely believe to be an imminent threat to themselves or others, but that's a pretty high bar. Just owning guns isn't even going to be close to being sufficient. They do not have the ability to send a monthly list of patients who own guns to the Sheriff, but that's really an absurd, tinfoil hat kind of thing. The vast majority of doctors just don't care that much. If you answer any question they ask about guns (and I strongly recommend that you do not) then it is going to be nothing more than an entry in your medical record. I look at people's medical records every working day of my life and I can only think of one instance over the last several years where I have seen such a notation in a patient's history or problem list.

[westhope]

My doctor, radiation oncologist, wants to know which of my 1911's I like the best and what I think of Sig 1911's since that is what he wants to buy. He said he has a 1911 Sig 22 and now wants a 45 ACP.

His nurse practioner wants me to train her to use a handgun because her husband wants her to know how to protect herself since he is gone often as a pilot.

I cannot remember ever being asked about guns in the home. If I was, I never answered and no one pressured me for an answer.

[Randygmn]

I think ANY answer other than "no" will be construed as "yes". Think about it. "None of your business" means yes, otherwise you'd just say "no". Personally, I've evolved on this issue. As each day passes, I trust my government less and less because gun grabbers have dropped any pretense about their true agendas.

So now, whenever I'm asked, by ANYBODY in real life (who know my identity), the answer is always a convincing and resounding "NO"!! I'm not compelled by law to answer truthfully. I've taken no oath. And any affirmative answer CAN ONLY BE USED AGAINST ME. There's no benefit to saying I own guns. I'm not looking to convince my doctor if he's anti-gun and I'm willing to forgo any "friendship" if by chance he's pro gun also.

[Hmac]

So now, whenever I'm asked, by ANYBODY in real life (who know my identity), the answer is always a convincing and resounding "NO"!!

Sure. NO!! works too. Nothing wrong with that particular answer, but if you decline to answer, your doctors isn't going to put YES!! in your medical record. He'll just forego any entry on that particular subject.

You guys vastly overrate how much your doctor actually cares about whether or not you have guns.

[FJ540]

Most of my doctors shoot. They don't ask if, they ask about what guns I like and then tell me what they're into. Isn't that how it's supposed to work?

[yukonjasper]

I agree that the right answer is no. However, if the government really wants to know there are plenty of ways they can find out. Any data sharing restrictions are only as good the governments intentions. If they decide to come for them, they will use the force of law right after they enact the law.

[Randygmn]

I agree that the right answer is no. However, if the government really wants to know there are plenty of ways they can find out. Any data sharing restrictions are only as good the governments intentions. If they decide to come for them, they will use the force of law right after they enact the law.

Of course you're correct. Hell, those of us who have a PTC (most of us) or have completed a 4473, are vulnerable to "illegal" govt snooping. But that info is black and white or yes/no. A doctor, who may be an anti-gun zealot with an ulterior agenda, may have the opportunity to inject his agenda into your life in a biased and detrimental way. Call me paranoid, but I can envision a doctor, if he's inclined, going out of his way to "report" a patient that he may view as "mentally unfit" if the patient is simply temperamental (some folks are filled with anxiety about seeing doctors) or if the doctor doesn't like you even.

Weighing the pros and cons, I can't see even 1 good reason for EVER answering yes. Even if the doctor is your friend today. What if he sells his practice? Brings in another doctor, nurses or administrators? What if the doctor does something and he's investigated (along with all his office records)? Not 1 good reason to share that. But I can think of lots of reasons why it's a terrible idea.

[Hmac]

Call me paranoid, but I can envision a doctor, if he's inclined, going out of his way to "report" a patient that he may view as "mentally unfit" if the patient is simply temperamental (some folks are filled with anxiety about seeing doctors) or if the doctor doesn't like you even.

I think you're paranoid. I can't envision that.

Having said that, I do agree that it would be imprudent to answer "yes" if you are asked (by anyone) whether or not you own guns.

[xd ED]

Call me paranoid, but I can envision a doctor, if he's inclined, going out of his way to "report" a patient that he may view as "mentally unfit" if the patient is simply temperamental (some folks are filled with anxiety about seeing doctors) or if the doctor doesn't like you even.

I think you're paranoid. I can't envision that.

Having said that, I do agree that it would be imprudent to answer "yes" if you are asked (by anyone) whether or not you own guns.

Is a non-answer anything but a 'yes', practically speaking?

[Hmac]

Is a non-answer anything but a 'yes', practically speaking?

What difference does it make? The information you provide to your doctor is your business, no one else's. The doctor works for you. You hire him or her to give you advice about your health care. You can make your own decisions about what you want in your medical record. If your plumber comes out to your home to fix a leaky pipe and starts asking you about your sexual preferences, how would you respond?

[aprilian]

If your plumber comes out to your home to fix a leaky pipe and starts asking you about your sexual preferences, how would you respond?

"Squeaky clean!" would be my answer.