That clause in the Affordable Care Act does not prevent Drs. from asking. It prevents Drs. and Insurance entities from creating a database with the answers and using such data to deny coverage or increase premiums. They can ask all they want. See EO #16.
This should be the clarion call to all of those that think we can survive Obama. Once they have the 50%+1 vote, they will ban guns and they will come for them.
I think that Obama will try to weasel his way out of that by "hinting" to health providers that they better ask anyway.``(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 [[Page 124 STAT. 885]] ``(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.
The part about forwarding HIPPA-protected data into the background-check system worries me the most. It could lead to a situation where if you've ever seen a psychiatrist for depression, it creates a permanent red flag.
See EO #16.