Tuesday, January 29, 2013

Who would have thought that the gun control debate could end up in the Affordable Care Act? While the passage of the Affordable Care Act has brought out very strong emotions on both sides of the debate, the issues around gun control possibly surpass the Affordable Care Act related to impassioned positions.

I found this on the Department of Labor web site that is dedicated to providing answers to frequently asked questions around the implementation of the health care plan.

Disclosure of Information Related to Firearms

Q5: Does PHS Act section 2717(c) restrict communications between health care professionals and their patients concerning firearms or ammunition?

No. While we have yet to issue guidance on this provision, the statute prohibits an organization operating a wellness or health promotion program from requiring the disclosure of information relating to certain information concerning firearms. However, nothing in this section prohibits or otherwise limits communication between health care professionals and their patients, including communications about firearms. Health care providers can play an important role in promoting gun safety. http://www.dol.gov/ebsa/faqs/faq-aca11.html

With the ongoing discussion in Washington regarding new gun control regulations I find it curious that "guidance is still pending". The answer does state that PHS Act section 2717(c) prohibits "an organization operating a wellness or health promotion program from requiring disclosure"; one would have to wonder, what is the definition of "wellness or health promotion program"? Does this include physicians or other health care providers? Could this provision be used to require patients to disclose if they own firearms to their health care professional? 

In addition the answer states that PHS Act 2717 (c) "does not prohibit communication between a health care professional and their patients regarding information about firearms". Do health care professionals really want to get into this area? Is gun safety anymore of a health issue that ladder safety or driving safety? I do not hear a prompting for health care professionals to discuss safe driving rules with their patients, and I suspect patients do not go to their doctor to receive such information.  Will health care professionals receive appropriate training to provide accurate information regarding firearm safety? And what about malpractice insurance, are you kidding, what would be the rates to include firearm safety instruction coverage?

I do not believe that the majority of health care professionals want to get involved in discussing firearm safety with their patients. We all can give general information, don't point a gun at anyone, check to see if the gun is loaded etc., but beyond those general guidelines let health care professionals focus on what they do best, health care. I recommend referral regarding firearm safety questions to the nearest reputable gun store.

Regardless of our positions regarding the Affordable Care Act and gun control let's keep the issues separate.