Gun owner rights and health insurance reform come together with Senator Harry Reid

Reid again listened to concerns from Nevada citizens.

Photo: reid.senate.gov

Much of the buzz on the insurance reform debate in the US Senate has been about details like public options and Medicare-at-55.  However a small and persistent drumbeat against any reform at all has come from a niche group of Second Amendment rights organizations.

It is too easy for cynics to label anti-reform efforts by the Second Amendment Foundation, the Jews for the Preservation of Firearms Ownership, and Gun Owners of America as right wing fringe fear-mongering.  While it often seems such organizations are more invested in fights and fund raising than solutions, it's wrong to doubt the sincerity of their members and wrong to discount the legislative analysis of their lobbyists.

One version of the health bill referred to Healthy People 2020 that has goals to make unspecified changes relating to entirely legal behaviors including lifestyle choices such as owning firearms and operating motorcycles. 

The White House blogged on guns and health care in November saying gun control was no part of insurance reform.  But that sort of statement is never enough for conspiracy theorists. 

Politico broke the news 12/19/09 that Senator Reid acted directly in an amendment to put away any issue that health insurance reform could include back-door gun control.  The article called the changes to the attention of the NRA.

Language page 5 of the amendment:

(c) PROTECTION OF SECOND AMENDMENT GUN RIGHTS.—
‘‘(1) WELLNESS AND PREVENTION PROGRAMS.—A wellness and health promotion activity implemented under subsection (a)(1)(D) may not require the disclosure or collection of any information relating to—
‘‘(A) the presence or storage of a lawfully possessed firearm or ammunition in the residence or on the property of an individual; or
‘‘(B) the lawful use, possession, or storage of a firearm or ammunition by an individual.
‘‘(2) LIMITATION ON DATA COLLECTION.
—None of the authorities provided to the Secretary under the Patient Protection and Affordable Care Act orBAI09R08 S.L.C. 6 an amendment made by that Act shall be construed to authorize or may be used for the collection of any information relating to—
‘‘(A) the lawful ownership or possession of a firearm or ammunition;
‘‘(B) the lawful use of a firearm or ammunition; or
‘‘(C) the lawful storage of a firearm or ammunition.
‘‘(3) LIMITATION ON DATABASES OR DATA BANKS.—None of the authorities provided to the Secretary under the Patient Protection and Afford- able Care Act or an amendment made by that Act shall be construed to authorize or may be used to maintain records of individual ownership or possession of a firearm or ammunition.
‘‘(4) LIMITATION ON DETERMINATION OF PREMIUM RATES OR ELIGIBILITY FOR HEALTH INSURANCE.—A premium rate may not be increased, health insurance coverage may not be denied, and a discount, rebate, or reward offered for participation in a wellness program may not be reduced or withheld under any health benefit plan issued pursuant to or in accordance with the Patient Protection and Affordable Care Act or an amendment made by that Act on the basis of, or on reliance upon—
‘‘(A) the lawful ownership or possession of a firearm or ammunition; or
‘‘(B) the lawful use or storage of a firearm or ammunition.
‘‘(5) LIMITATION ON DATA COLLECTION REQUIREMENTS FOR INDIVIDUALS.—No individual shall be required to disclose any information under any data collection activity authorized under the Patient Protection and Affordable Care Act or an amendment made by that Act relating to—
‘‘(A) the lawful ownership or possession of a firearm or ammunition; or
‘‘(B) the lawful use, possession, or storage of a firearm or ammunition.’’.

No data collection and no premium setting based upon legal ownership, possession, or use of firearms.  Whatever may be the final provisions of the insurance reform legislation, this language from Senator Reid protecting rights should be included.