Sometimes, you make a passing note of something and don't dwell on it afterward.
Such was the case with your blogger in regard to the "gun questions" being asked by medical providers as a result of an Executive Order signed by the President. Until a good friend and 2A defender had such an issue yesterday at my local hospital, this was not a front-burner thing for me. Dince then, I decided to put some effort into resolving this issue. I'll start with the analysis provided by Fox News here.
Here is a TX CHL forum sticky with useful links, including the entire HCA.
This article, published subsequent to the rest of them including the Snopes article that got it wrong, seems to be the most definitive. It says:
1. That language DOES exist in the HCA forbiding health care providers from recording such information in any way, or releasing any such information to Federal authorities.
2. That after Sandy Hook, President Obama issued a statement in front of news cameras indicating that he WOULD issue an Executive Order telling medical providers that their "right" to ask such questions was not infringed by the HCA, BUT HE NEVER ISSUED OR SIGNED ANY SUCH ORDER.
3. This means that the provider-constraining language in the HCA is still in the HCA, and still in effect.
Now for the tricky part.
If an ER or clinic intake clerk with a paper form or computer keyboard asks those gun questions, a reasonable person should assume that a permanent record is being made, and if that record is being made, it WILL eventually get into a Federal database, or, a significant risk exists that it will get into a Federal data base, so you are well within your rights under HCA and HIPAA to not answer the question, and the provider is NOT within their right to deny you care because of your refusal. That said, the Obama Administration takes the view that it is okay for a DOCTOR to ask the gun questions. My take on that is that a DOCTOR may ask anything he/she wants, in aid of making a proper medical diagnosis of your health complaint. That DOCTOR is still constrained by the "second amendment language" in the HCA though, therefore, that DOCTOR may not record that information in your chart if that chart is subject to overview by the Government.
Okay then, that's my and others' opinions of the legal niceties involved.
What then, is the best way to effect standing on your rights here? Your choices are:
1. Maintain silence AND eye contact with the questioner. The questioner MAY get that message without further words exchanged. (If you are being interviewed by a clerk or provider who is not a DOCTOR)
2. Firmly state you are ending the interview, and ask to speak to the interviewer's supervisor. I would escalate from #1 to this tactic if #1 failed to work for you. (same caveat as in #1, above)
3. If no luck with either of the above, it's time to take the offensive. You need to firmly state that: the HCA does NOT allow providers to record that information if ANY chance exists that the Government could later view it (and that is guaranteed by the HCA) AND that by insisting on an answer, you (name the interviewer) are violating my rights under the HCA and possibly the Bill of Rights, AND "standards of care" are NOT being met because of the delays caused by this improper interview.
4. If, after you use of these tactics of resistance, the ER/Clinic has not moved on with your intake interview, you need to play your trump card. Ask for the senior management person available (this person's title will likely be "Hospital/Clinic Director"). When that person arrives, advise him/her that you have been refused treatment and explain why. Inform that person that you will take appropriate medical transport to the next closest treatment facility NOT run by this management, get treatment, and charge all those fees back to the current facility. Mention also that you hold Management responsible for the violations of your rights which have occurred up to now.
Of course, you will need witnesses, copious notes, etc. Your quest may be vastly facilitated by an Investigative Reporter from a local TV station, if any in your burg are interested.
That's my plan. Use it or not.