Replies

‘‘SEC. 2716. PROHIBITION ON DISCRIMINATION IN FAVOR OF HIGHLY
COMPENSATED INDIVIDUALS.
‘‘(a) IN GENERAL.—A group health plan (other than a self-
insured plan) shall satisfy the requirements of section 105(h)(2)
of the Internal Revenue Code of 1986 (relating to prohibition on
discrimination in favor of highly compensated individuals).
‘‘(b) RULES AND DEFINITIONS.—For purposes of this section—
‘‘(1) CERTAIN RULES TO APPLY.—Rules similar to the rules
contained in paragraphs (3), (4), and (8) of section 105(h) of
such Code shall apply.
‘‘(2) HIGHLY COMPENSATED INDIVIDUAL.—The term ‘highly
compensated individual’ has the meaning given such term by
section 105(h)(5) of such Code.’’.
(e) Section 2717 of the Public Health Service Act, as added
by section 1001(5) of this Act, is amended—
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b), the following:
‘‘(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 or 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 Affordable 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.’’.

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A key phrase is “legally owned”.