People on SSRIs in New York State - gun confiscations

[GeneCC]

There’s just one huge problem it is happening now in New York State!
It seems those that tried desperately to warn of such an insidious plot had hit the bullseye with their warnings after all. News came from multiple NY State based firearms enthusiast websites late Friday that confiscations of Pistol Owner ID Cards, as well as firearms and accessories has commenced in NY under the provisions of the horribly flawed, draconian and blatantly unconstitutional NY SAFE Act.

Those folks having their weapons and FID cards confiscated have been discovered to have been prescribed multiple different types of psychotropic drugs, such as those for Depression or Anxiety. These are known as SSRI ( Selective Serotonin Reuptake Inhibitors) class drugs and have the potential to cause serious and adverse side effects, something I wrote about extensively last week in an article that went viral in days and caused multiple Anti Gun and Progressive News Groups to initiate a concentrated denial of service hacker attack against Ammoland Shooting Sports News (see Daily KOS ” Keeping Track Of The RKBA Crowd” http://tiny.cc/ug67uw), in an effort to keep the information from the public.

James Tresmond Esq confirmed in our conversation that the above mentioned case is occurring in Erie County NY, it is his client that has been effected, and as yet unknown sources have seen fit to take it upon themselves to share confidential medical records with NY State Officials without authorization, a massive HIPPA violation.

It seems these supposedly confidential records are then compared against a list of known NY pistol license holders and letters are sent out demanding their Pistol Owner ID Cards be surrendered, as well as any firearms and accessories.

http://www.ammoland.com/2013/04/new-...#axzz2Q1CqVCi9

[GeneCC]

Required by Law. Covered entities may use and disclose protected health information without individual authorization as required by law (including by statute, regulation, or court orders).29

http://www.hhs.gov/ocr/privacy/hipaa...nding/summary/

[GeneCC]

A tiered increase in the amount of civil monetary penalties (from section 13410(d)):
Where the person did not know, and by exercising reasonable diligence would not have known, that such person violated a provision:

$100 for each violation
The total amount per calendar year for all such violations of an identical requirement may not exceed $25,000

Where the violation was due to reasonable cause and not to willful neglect:

$1,000 for each violation
The total amount per calendar year for all such violations of an identical requirement may not exceed $100,000

Where the violation was due to willful neglect and was corrected:

$10,000 for each violation
The total amount per calendar year for all such violations of an identical requirement may not exceed $250,000

Where the violation was due to willful neglect and was not corrected:

$50,000 for each violation
The total amount per calendar year for all such violations of an identical requirement may not exceed $1,500,000

The HHS Secretary will base the amount of the penalty on:

The nature and extent of the violation
The nature and extent of the harm resulting from such violation

Penalties and enforcement measures applicable to vendors of personal health records (PHRs) and other non-HIPAA CEs and BAs:
* Violations of the breach notification provisions related to PHR identifiable health information will be as directed under section 13407(e); they will be treated as unfair and deceptive acts or practices under the Federal Trade Commission Act.

http://privacyguidance.com/blog/2009...ons-penalties/

[GeneCC]

The stated goal of the Act is to prevent mentally ill persons who are a danger to themselves or others from owning or having access to firearms. To this end, the SAFE Act introduces Section 9.46 of the New York Mental Hygiene Law. Section 9.46 (b) requires mental health professionals—i.e., physicians (including psychiatrists), psychologists, registered nurses, or licensed clinical social workers—to report any mentally ill patient under their treatment if he or she determines “in the exercise of reasonable professional judgment” that the patient is “likely to engage in conduct that would result in serious harm to self or others.” The report must be transmitted to the Director of Community Services or the Director’s designee “as soon as practicable.”

http://www.nixonpeabody.com/NY_SAFE_...care_providers