Westerly RI wants to know if you have AIDS

It is certainly confidential, but it is not protected by HIPAA ... HIPPA only limits disclosures by healthcare providers. The problem here is that LEOs have gotten accustomed to being able to ask for anything ... we are supposed to know when to say no.

LEO: "Sir, I'd like to see the contents of your trunk"
Correct answer: "I like to see peace in the middle East, but that isn't gonna happen either"
Alternate correct answer "I'm sorry officer, but as a matter of principle, and unless you can articulate probable cause, we're going to have to consider the contents of my trunk private."

LEO: "Please open your trunk for me"
Correct answer: "Officer, I do not consent to the searching of my person or my vehicle, but if you are giving me a direct command, of course I will comply"

LEO: "Do you have AIDS"
Correct Answer: "My medical state is private information that I choose not to disclose and it should have no bearing on this interaction"
 
Has anyone seen the application for Westerly Rhode Island? These idiots are begging to be sued. On page 17 or 18, they have a form asking for medical releases if you have AIDS or sexually transmitted diseases.

The stupidity in Rhode Island never ceases to amaze me.

Actually, the part of this application that mentioned AIDS doesn't ask about these things ... it offers you the option to opt out of their reporting. Now, I suppose that they might refuse the permit if you opt out, but I would suspect that they can't be THAT stupid :)

CC
 
What the hell does having AIDS/HIV even have to do with applying to carry a firearm? Makes absolutely no sense whatsoever. How about allergies or musical preference? How about favorite colors? Talk about unnecessary
 
Reminds me of the tourist visa application for Russia. I wanted to go there when I was living in Finland but never bothered once I saw the visa requirements. There was an extensive section asking about military service and you needed to provide proof from a doctor that you were HIV negative. I kind of regret not following through with it since going to Russia is probably even harder now.
 
This is a really remarkable application form. They know that medical records are not stored centrally so they apparently included a release form for EVERY possible mental health provider within 50 miles of Rhode Island. Amazing.

It’s pretty standard for medical release forms published by providers to include checkboxes for substance abuse, HIV stuff specifically because if the release doesn’t explicitly authorize those things they can’t be released. There’s some federal regulation about this in 42 CFR.

It’s extremely unclear what they want you to do. I assume they are curious about substance abuse stuff but can you not check off the HIV box? Would that be an incomplete application?

This is all unBruenstutional so hopefully it goes away soon, but RI is in the first district just like MA so I am not holding my breath.
 
If I had to get a license in RI, a visit with a good 2A attorney would be on my list. With all those pre-checked boxes there would be just as many, if not more, redacted lines in my filled-out application to ensure some of those un-checked boxes remained that way. I'm sure that would go over like a fart in a church. [banghead]
 
Most of what most applications ask for has no basis in law. Very few states ask for employer as some like Georgia were sued and had to drop it a couple of decades ago. Even the SSN is a violation of Section 7 of the privacy act of 1974 as it has to be voluntary.
 
This is a really remarkable application form. They know that medical records are not stored centrally so they apparently included a release form for EVERY possible mental health provider within 50 miles of Rhode Island. Amazing.

It’s pretty standard for medical release forms published by providers to include checkboxes for substance abuse, HIV stuff specifically because if the release doesn’t explicitly authorize those things they can’t be released. There’s some federal regulation about this in 42 CFR.

It’s extremely unclear what they want you to do. I assume they are curious about substance abuse stuff but can you not check off the HIV box? Would that be an incomplete application?

This is all unBruenstutional so hopefully it goes away soon, but RI is in the first district just like MA so I am not holding my breath.
They clearly have no idea what they wrote and attached to the application.

One of the mental health releases says it’s for a “conceeeal” carry license. And I still think they are still using the “AMY-L” target.
 
If I had to get a license in RI, a visit with a good 2A attorney would be on my list. With all those pre-checked boxes there would be just as many, if not more, redacted lines in my filled-out application to ensure some of those un-checked boxes remained that way. I'm sure that would go over like a fart in a church. [banghead]
RI you can town shop, you can just use another town... basically this town in question is basically just being total dicks because they obviously don't want to issue licenses..... this is raw obstructionism.
 
This is a really remarkable application form. They know that medical records are not stored centrally so they apparently included a release form for EVERY possible mental health provider within 50 miles of Rhode Island. Amazing.

It’s pretty standard for medical release forms published by providers to include checkboxes for substance abuse, HIV stuff specifically because if the release doesn’t explicitly authorize those things they can’t be released. There’s some federal regulation about this in 42 CFR.

It’s extremely unclear what they want you to do. I assume they are curious about substance abuse stuff but can you not check off the HIV box? Would that be an incomplete application?

This is all unBruenstutional so hopefully it goes away soon, but RI is in the first district just like MA so I am not holding my breath.
I have a friend who is a Mass resident, but owns a summer place in Westerly.

Can he apply through another town, and not mention he owns the place in Westerly?
 
Only it isn't. HIPAA only applies to medical organizations that bill Medicare or Medicaid. Which is not to say that RI may have other patient privacy rules and regulations, only they wouldn't apply to the police.

ETA: It also applies to entities that sign Business Associate Agreements with billing entities. For example HIPAA binds me because some of my clients provide reports that are not PHI redacted and my company has a BAA. My boss is quite vigilant about it.

As always, the patient may reveal Protected Health Information (PHI) to anyone who he wants to have it.

It's still a dumbass question, though.

I’d respond that is confidential information protected by HIPAA..
 
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Going through that insane application they are not asking if you have AIDS
They got generic medical releases and one of the reasons people sign releases would be AIDS.
 
RI you can town shop, you can just use another town... basically this town in question is basically just being total dicks because they obviously don't want to issue licenses..... this is raw obstructionism.
RI is the capital of CYA and some of the town chief's play that game until a judge tells them the game is over. It's lawfare of the worst type where the state law is clear, but the town's are tossing in as much shit as they can to be able to deny as many permits as they can to cover their ass.

The excitement and anticipation I have to see RI get legally bent over a barrel by the 1st Circuit and SCOTUS over carry permit bullshit is palpable. The AG and Chiefs are all deserving of a right dick slapping to the face by Justice Thomas's wrinkly BBC of text, history, and tradition.
 
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