New Jersey –-(Ammoland.com)- NY Governor Andrew Cuomo’s Machiavellian Plot to ignore and subvert the Rights of potentially millions of NY State residents developed another layer late Sunday.
After breaking the story of Amhurst NY Area Resident David Lewis having his lawfully purchase and legally owned firearms confiscated by order of the State Police after a flagrantly illegal and Un-Constitutional review of his medical records , Word came to me in my capacity as in journalist late Sunday that NY Officials have apparently doubled down on their sinister plot and blatant abuse of power.
My sources revealed that two prominent and well regarded Buffalo Area Psychiatrists received subpoenas from State Officials, possibly on Friday April 12th 2013, commanding them to turn over all of their patient files to the State. Details are sketchy at this early stage, but I have been told that both Doctors have in house counsel as well as potentially consulting with the Law Firm of Jim Tresmond, Firearms Law Specialist and the Attorney of Record for Mr Lewis.
What is clear is that those subpoenas would have to have been issued by someone in the State’s Attorney’s Office. What remains unknown at this point is whether the order or request for the subpoenas originated with the Superintendent of the NY State Police, Joseph D’Amico or from the Office of the the Commissioner of the NY State Division of Criminal Justice Services or one of his lieutenants.
If it’s accurate that the subpoenas in question were received by their targets on Friday April 12th 2013. That would be the same day that WBEN Talk Radio Show host Tom Baurele told listeners that multiple independent sources within NY State Government related to him that a secret seven member”HIPAA” committee had been created within the Div Of Criminal Justice Services after passage of the NY SAFE Act to work in conjunction with the NY State Police at the behest of the Dept of Homeland Security; for the express purpose of illegally obtaining and accessing the private medical records of potentially millions of NY State Residents. Then comparing those records with the records of known firearms owners and pistol permit holders in order to facilitate the confiscation of firearms under the extraordinarily broad language in the law regarding those that have been deemed “mentally unstable“.
Something that thus far NY State Police have denied, choosing to blame the County Clerk, Chris Jacobs in the Lewis incident which was discussed at length on the Megyn Kelly show, also on Friday the 12th of April.
Interestingly, the “mission statement” found on the website for the NY Div Of Criminal Justice Services contains language that could plausibly be used as “cover” for their involvement in this on going scheme.
Read more: http://www.ammoland.com/2013/04/ny-psychiatrists-served-with-subpoenas-for-patient-records-in-ny-gun-confiscation/#ixzz2tYFpXFdS
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The proposal would cover anti-psychotic drugs for patients suffering from an array of mental illnesses
Buried in Gov. Andrew Cuomo’s proposed budget for New York is a cost-cutting measure that would empower the state and health insurance companies to deny low-income mental patients the specific brand-name anti-psychotic drugs their doctors prescribe, in favor of less expensive versions.
Some care providers worry that some of those patients could be dangerous without an effective drug or if they stop taking it. The proposal would cover anti-psychotic drugs for patients suffering from an array of mental illnesses including schizophrenia, bipolar disorder, personality disorders and deep depression.
“The additional hoops we have to go through may mean their symptoms go on longer,” said Dr. Anna Lamb, a primary care physician in Batavia and president of the New York State Osteopathic Medical Society.
“They may become less functional,” Lamb said. “In the mental health world, it can be very frustrating because you run the risk that the drugs may not be effective, or have side effects … the idea is to help them become productive members of society.”
Cuomo insists that eliminating the “prescriber prevails” power wielded by physicians will pose no public threat, noting that the state’s preferred list of anti-psychotic drugs includes 13 brand names.
VA says no to SAFE Act
UPDATED to include a statement from Gov. Andrew Cuomo.
The U.S. Department of Veterans Affairs said it will not comply with New York State’s new law requiring mental health providers to report potentially dangerous individuals to state authorities.
The Secure Ammunition and Firearms Enforcement (SAFE) Act, the sweeping gun-control law that goes into effect this week, calls on doctors and therapists to alert county health officials to patients they deem “likely” to engage in conduct that will result in serious self-injury or harm to others.
Once notified of potentially harmful individuals, the state will check their names against a new state database of licensed gun owners. If there’s a match, local law enforcement will be authorized to remove weapons if their owner does not voluntarily surrender them.
New York Gov. Andrew Cuomo signs the SAFE Act on Jan. 15. in response to the massacre of school children in Newtown, Conn. AP Photo/Mike Groll
Mark Ballesteros, spokesperson for the Department of Veterans Affairs, said that the U.S. Constitution forces his agency to follow federal law, not New York’s new rules.
“Federal laws safeguarding the confidentiality of veterans’ treatment records do not authorize VA mental-health professionals to comply with this NY State law,” he said in an emailed statement.
Veterans determined mentally incompetent to handle their own affairs by the U.S. Department of Veterans Affairs are reported to the federal National Instant Criminal Background Check database. While the background-check database will be used under the New York law to screen firearms sales, the information on veterans’ mental health is not included in the data viewable by states, according to the VA.
The VA provides health care for more than half of returned U.S. veterans from the Iraq and Afghan wars. New York State is home to nearly 1 million veterans, and Suffolk, Nassau and Erie rank among the top counties nationally for share of residents who have served in the armed forces.
Erie County Clerk Chris Jacobs said the New York State Police made a mistake when they enforced a mental health provision of the New York SAFE Act. Jacobs said he was ordered in an email from State Police to contact David Lewis, 35, and notify him he had to turn over his firearms.
“On this one I’m disappointed with State Police but I will say more so I’m disappointed with the legislation that was passed,” Jacobs said.
Lewis’ attorney Jim Tresmond said his client was told to turn over several firearms because he was once prescribed anti-anxiety medication at “one point.” Tresmond said his client was told that violates part the new gun control law.
State police odered his pistol permit revoked and Lewis was forced to turn the guns over to Amherst Police. Wednesday, Jacobs told YNN’s Katie Cummings he received a call from State Police explaining that they had the wrong person.
“Whether it’s the wrong name, or the mental health source was flawed, they need to go through and flow chart this process. After they called, it became clear that the State did not do their job here, and now we all look foolish,” Jacobs said.
Jacobs, a Republican who’s been critical of the law, said the error is a symptom of “inherent flaws” in the mental health reporting provisions of the new state law.
Read More: http://www.nystateofpolitics.com/2013/04/state-police-mistakenly-enforce-safe-act-provision/