Kaiser didn't "Red Flag" anybody. They simply provided the information to HPD. They are required to do this by law, especially if the information is in regards to the persons "mental state".
The fact that someone had counseling for grief, anger issues or even bedwetting when they were 7 can be construed to have had an effect on their mental state.
Any determination was made by HPD in light of the information they received.
We all know that most of this stuff is BS, especially if it occurred when they were children, but I expect we'll see more of it in the coming years as people were caught up the "psychobabble" craze of the last 20 years or so. Where any time you "felt" something, everyone thought it was best if they sought out psychiatric care or counseling of one kind or another.
As far as the government is concerned, we're all crazy. Except when they need money or votes.......
If the health care providers are not qualified to determine a patient's suitability to own firearms,
and HPD is not qualified to make a determination using a patient's medical history records,
then who IS qualified to use our medical records to make such a determination?
I believe what we are seeing here is the attempt to implement a requirement which was never feasible in the first place.
The law was written broadly to give HPD access to medical records for purposes of evaluating a person's mental health. Everyone knew the police are not qualified for that.
Once the police finally realized they are not qualified, they tried to use policy to force the healthcare providers to make the determination for them. Kaiser and Straub appear to be only two (first two?) to push back.
This is the result of bad laws being implemented with no optimal solution possible. It's a catch-22 .... neither side is qualified to make the determination, HPD for lack of medical training and the HMO for lack of willingness to make a determination without a full psych eval of the applicant.
Where does that leave us? Either the law will be changed to require a psych eval for all permit applicants, or the City & County will have to hire medical experts to review medical records and conduct interviews to make a determination.
We have crossed over from "innocent until proven guilty (or crazy)," to "you must prove you are not guilty (crazy) before you may exercise this God-given Constitutional Right."