Crossroads time. Give up HIPAA rights over new gun? Washington state laws

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A Doctor or health care facility will not release patient information unless you sign a release with them. A State Official walking in with the release you signed on the gun permit application is not good enough.
That simply is not true.

From the Initiative 1639 FAQ webpage of the Washington Attorney General:

Do Washington’s background check requirements violate privacy protections for firearms purchasers’ medical information such as HIPAA?

No. Under Washington law, a signed application to purchase a pistol constitutes a waiver of confidentiality and written request that the Health Care Authority, mental health institutions, and other health care facilities release, to an inquiring court or law enforcement agency, information relevant to the applicant's eligibility to purchase a pistol. Effective July 1, 2019, that waiver of confidentiality provision is expanded to include applications to purchase a semiautomatic assault rifle.

On the webpage, the word "law" in "Under Washington law,..." is a link to RCW 9.41.094

https://www.atg.wa.gov/initiative-1639#15 hipaa

My conclusion is that the waiver on an application to buy a weapon is absolutely a valid waiver of HIPAA privacy protections. However, (and this is my opinion, based on my research) the information sought is limited to that information contained in health records that would make one a person who cannot legally own a firearm. That definition and that information sounds to me like it is quite limited; for instance, an involuntary commitment or a not guilty by reason of insanity would be relevant, and a heart attack would not be relevant and would not (in theory) be reported. It even sounds like the records generated by an attempt at suicide would not be relevant, since that doesn't make one a prohibited person.

Furthermore, it also sounds like there is a chance that the government would ask "can this person own a gun?" and the records people would say "yes" or "no", and no medical information at all would be transferred. That remains to be seen, as the exact mechanisms and procedures are established. This scenario may be a pipe dream, but I can't imagine a sheriff's department that has 12 deputies dealing with the mountain of work that reading just my records would entail, let alone half a dozen folks like me.

BSA1, I don't know where you are getting your information from, but it is simply incorrect.
 
1. Does the application require the person to list his Doctor(s), addresses and telephone number?

2. Or is the waiver on the application a “to whom it may concern”?

3. Without the applicant listing their Doctors (s) and Health Care Facility they have in the past or currently receiving treatment how is the Sheriff / Chief going investigate the applicant health records?

4. I stand by my statement that HIPPA regulates who patient records can be released to. In addition there is a expectation of confidentiality between the Doctor and Patient.

5. This is a subject that gun owners may want to discuss with the Doctor.

6. I have got my information directly from a large Health Care Provider in Kansas. HIPPA is a Federal Law that can result in severe fines, lose of medical accreditation, license to practice medicine and job loss.

7. How do you know what medical conditions and health history is a disqualification? Why does a person that is undergoing cancer treatment need a gun since they are going to die anyway? Maybe they want a gun to commit suicide which is against the law.

8. Just because a State Law says it is so doesn’t mean it is

9. Where are you getting your information from?
 
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Again, draconian gun laws of nanny states are going to have to be challenged in the courts before anything changes. What a gun purchase has to do with my medical records is beyond me, but until the courts take up these things we are just spitting in the wind.
 
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