is lgbtq status considered phi is lgbtq status considered phi

Any gender information maintained or transmitted by an organization not covered by HIPAA is not PHI. This is because, when taking the four definitions into account, it is easier to determine what information is protected under HIPAA and when. The definition of family member in the Privacy Rule at 45 CFR 160.103 includes the terms spouse and marriage. Once considered a pejorative term, queer has been reclaimed by some LGBTQIA+ people to describe themselves; however, it is not a universally accepted term even within the LGBTQIA+ community. Journal of Human Behavior in the Social Environment, 19, 1066-1094. doi:10.1080/10911350902990478. The Center remains committed to addressing these challenges by providing you and your loved ones with LGBT-specific recovery services and support. Therefore, the answer to questions such as is gender a HIPAA identifier, is gender considered PHI, and is LGBTQ status considered PHI is that is can be depending on who is maintaining or transmitting the information and whether it is maintained or transmitted with health information. Fassinger, R. (2007, September). The following 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Names. The U.S. legal system does not prohibit discrimination on the basis of sexual orientation and gender identity in several states, including workplace discrimination. 20 percent of gay men and 25 percent of bisexual men 18-44 years of age are living at or below the federal level of poverty, compared to 15 percent of heterosexual men. In most cases, this should mean that the provider cannot disclose a patients sexual orientation or gender identity without the patients consent. New patterns of poverty in the lesbian, gay, and bisexual community. > Special Topics In one study, 90 percent of surveyed transgender respondents reported experiencing harassment, mistreatment or discrimination at work due to their gender identity (Grant et al., 2011). PowerPoint presented at the American Psychological Association Fall Board Committee Meeting, Washington, DC. Following are LGBT-specific fraternities. Covered entities are allowed to disclose PHI for treatment, payment, and health care operations. In situations where you prefer to place ananonymous report, you are encouraged to use the hotline below, hosted by a third party provider contracted with UNC Health to provide this service. The regulations provide protections for the privacy of certain individually identifiable health data, referred to as protected health information, and establish rules balancing patient rights with the need to protect public health. 5. Specifically, the rules create limited safeguards for all protected health information, which includes any information that relates to (1) a patients past, present or future physical or mental health or condition, (2) the provision of healthcare to the patient, or (3) payment for the patients healthcare. Two years later, on June 26, 2015, in Obergefell v. Hodges, the Court held that the Fourteenth Amendment requires a state to license a marriage between two people of the same sex and to recognize same-sex marriages lawfully performed in other States. 5. hZnI|E!xX.7nV9YFF!+BQFgh-xC9 Studies indicate that between 11 percent and 45 percentof all homeless youth identify as LGBTQ(Durso & Gates, 2012; Gattis, 2009; Wells, 2009). The definition of designated record sets appears in the introduction to the Privacy Rule in 45 CFR 164.501. U.S. Department of Health & Human Services 0 If information relating to a patients Emotional Support Animal is maintained in a record set, it assumes the same protections as the patients health information. (2013). To be unlawful, the conduct must be severe or pervasive when considered together with all other unwelcome conduct based on the individuals sex including gender identity, thereby creating a work environment that a reasonable person would consider intimidating, hostile, or offensive. Under Executive Order 11246 and its implementing regulations, federal contracting agencies must include sexual orientation and gender identity as prohibited bases of discrimination in the Equal Opportunity Clause in federal contracts. Association between socioeconomic position discrimination and psychological distress: Findings from a community-based sample of gay and bisexual men in New York City. Copyright 2014-2023 HIPAA Journal. www.hipaadvisory.com WebThe regulations provide protections for the privacy of certain individually identifiable health data, referred to as protected health information, and establish rules balancing patient rights with the need to protect public health. WebThe law forbids sexual orientation and gender identity discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. These terms are used to describe a persons sexual orientation or gender identity. Additionally, any information maintained in the same designated record set as the individually identifiable health information that could be used to identify the individual is also protected. The term family member includes lawful spouses and dependents of all lawful marriages. WebEvidence indicates individuals who identify as lesbian, gay, bisexual, and/or transgender (LGBTQ) are especially susceptible to socioeconomic disadvantages. All rights reserved. _'Q0X{rtW/Nfu/?7?6l&_j[/{V]WXbazq=8:_1~b3Z=y~r:(EOOf_?m`;zlG6WT^>}^\|{j1;WVxq1w'/g'Sto> WebWithout this information, lesbian, gay, bisexual, and transgender (LGBT) patients and their specific health care needs cannot be identified, the health disparities they experience cannot be addressed, and important health care services may not be delivered. (2012). Aside from the confidentiality and disclosure of health information, the new federal rules describe a few related rights that patients may exercise: How can a patient complain if a provider has violated the privacy rules? Sexual minority status and self-rated health: the importance of socioeconomic status, age, and sex. Therefore, the answer to questions such as is gender a HIPAA identifier, is gender considered PHI, and is LGBTQ status considered PHI is that is can be depending on who is maintaining or transmitting the information and whether it is maintained or transmitted with health information. Whether you are exploring coming out, looking to connect with other LGBTQ young people or want to take advantage of opportunities to prepare for your future, The Center provides services and programs specifically for LGBTQ young people. Retrieved from http://www.endhomelessness.org/library/entry/national-recommended-best-practices-for-serving-lgbt-homeless-youth, Rosario, M., Schrimshaw, E. W., & Hunter, J. HIPAA protects all individually identifiable health information that relates to an individuals past, present, or future medical condition, treatment for medical conditions, and payment for treatments. $("#wpforms-form-28602 .wpforms-submit-container").appendTo(".submit-placement"); TRANSGENDER By using this site, you agree to our use of cookies. HITECH News Grant, J. M., Mottet, L. A., Tanis, J., Harrison, J., Herman, J. L., & Keisling, M. (2011). Because a single data breach can affect many thousands of individuals, it is not surprising to see impermissible uses and disclosures at the top of the list. The law respects the patients wishes on matters of privacy and confidentiality. This term describes someone who is questioning their sexual orientation or gender identity. The HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. From insurance enrollment to program-specific resource areas such as Recovery, Wellness, Family and Youth, find a compilation of LGBT-focused organizations and opportunities to connect. Under HIPAA, PHI ceases to be PHI if it is stripped of all identifiers that can tie the information to an individual. 'K`2 In other words, there are many situations where a patients disclosures to a doctor may not remain confidential. Our Resource Center is a comprehensive guide connecting you to a wide range of personal resources and professional opportunities. %PDF-1.6 % Retrieved from http://williamsinstitute.law.ucla.edu/wp-content/uploads/min-wage-simulation-april 2014.pdf, Durso, L. E., & Gates, G. J. 47 percent of transgender individuals also reported being discriminated against in hiring, firing, and promotion; over 25 percent reported they had lost a job due to discrimination on the basis of their gender identity (Grant et al., 2011). Once considered a pejorative term, queer has been reclaimed by some LGBTQIA+ people to describe themselves; however, it is not a universally accepted term even within the LGBTQIA+ community. LvIK`(&HC R0d`vL_@q$[+"_H@T&30:?0 * PII is Personally Identifiable Information that is used outside a healthcare context, while PHI (Protected Health Information) and IIHA (Individually Identifiable Health Information) is the same information used within a healthcare context. When can a healthcare provider use or disclose information regarding her patients health condition, sexual orientation or gender identity? The privacy rules protect diagnostic information like a patients HIV status, information related to medical treatment like a patients family history, and other identifying information like a patients name, address or social security number. For example, the Privacy Rule allows covered entities to share information about the patients care with family members in various circumstances. Following are LGBT-specific sororities and women's fraternities. WebProtected Health Information (PHI) is an individuals health information that is created or received by a health care provider related to the provision of health care by a covered entity that identifies or could reasonably identify the individual. To be unlawful, the conduct must be severe or pervasive when considered together with all other unwelcome conduct based on the individuals sex including gender identity, thereby creating a work environment that a reasonable person would consider intimidating, hostile, or offensive. Therefore, the answer to questions such as is gender a HIPAA identifier, is gender considered PHI, and is LGBTQ status considered PHI is that is can be depending on who is maintaining or transmitting the information and whether it is maintained or transmitted with health information. > Guidance on HIPAA, Same-sex Marriage, and Sharing Information, HIPAA and Marriage: Understanding Spouse, Family Member, Marriage, and Personal Representatives in the Privacy Rule. doi:10.1007/s10964-011-9681-3, Thomeer, M. B. As it would be impractical for HIPAA to stipulate there has to be fewer than so many Mr. Xs in a population of Y before the two identifiers are considered to be PHI, all combinations of identifiers maintained in a designated record set are considered PHI under HIPAA even Mr. As the needs of our community evolve, we work to make sure that you have the support, services and resources needed to enhance and maintain your quality of life. Discrimination against LGBT persons in the workplace is a significant factor in socioeconomic differences for LGBT persons (McGarrity, 2014). endstream endobj 138 0 obj <. A person who can form enduring physical, romantic, and/or emotional attractions to those of the same gender or more than one gender. For professionals looking for internship opportunities with The Center to those looking to further their understanding of the LGBT community, find resources designed to enhance your professional experience. Washington, DC: National Center for Transgender Equality and National Gay and Lesbian Task Force. WebFor instance, LGBTQ+ youth who have access to spaces that affirm their sexual orientation and gender identity report lower rates of attempting suicide 4 and experiencing supportive environments. ASEXUAL Some undergo surgery as well. 57 0 obj <>/Filter/FlateDecode/ID[<7BDEBA77DC42DA4B991B6B17AE32E1AE>]/Index[27 58]/Info 26 0 R/Length 137/Prev 207744/Root 28 0 R/Size 85/Type/XRef/W[1 3 1]>>stream Studies have shown that 42 percent to 68 percent of LGBTQindividuals report experiencing employment discrimination (Badgett, 2012; Fassinger, 2007). Steve has developed a deep understanding of regulatory issues surrounding the use of information technology in the healthcare industry and has written hundreds of articles on HIPAA-related topics. Any information that could be used to identify the subject of health information that is maintained or transmitted by a Covered Entity or a Business Associate acting on a Covered Entitys behalf is Protected Health Information when it is maintained or transmitted in the same designated record set as health information. Gamarel, K. E., Reisner, S. L., Parsons, J. T., & Golub, S. A. The FAQ emphasizes that HIPAA does not limit any permitted disclosures based on the sex or gender identity of the recipient of the information. hb```g``Z0 2 EY8V03.)~( EbWr[k.]O^iLBx>2N^`&3S\_pcLS4#[pq102L b^f&(=@ }# The rules tell health plans and healthcare providers when they can and cannot disclose private information about a patient, and, in some cases, when they must disclose that information. Some lesbians may prefer to identify as gay or as gay women. Those who identify and express their gender outside of the gender binary. For instance, such verbal agreement is usually required before disclosing information to a patients friends or family. Author: Steve Alder is the editor-in-chief of HIPAA Journal. (2017). Subject to limited exceptions, the Privacy Rule at 45 CFR 164.502(g) requires covered entities to treat an individuals personal representative as the individual with respect to uses and disclosures of the individuals protected health information and for purposes of exercising the individuals rights under the Privacy Rule. Delivered via email so please ensure you enter your email address correctly. hbbd```b``V D@$? However, when a provider discloses information about a patient, the provider usually must try to reveal as little private information as possible. In addition, the terms marriage, spouse, and family member apply to all individuals who are legally married, regardless of where they live or receive health care services. WebThe core legal obligations of States with respect to protecting the human rights of LGBT people include obligations to: Protect individuals from homophobic and transphobic violence; Prevent torture and cruel, inhuman and degrading treatment; Repeal laws criminalizing same sex relations and transgender people The impact of a higher minimum wage on poverty among same-sex couples. An incidental disclosure is a secondary, accidental disclosure that cannot reasonably be prevented, is limited in nature, and that occurs as a result of another disclosure permitted by the Privacy Rule for example, if a physician invites a health plan employee to his office to discuss payments, and the health plan employee passes a patient he or she recognizes in the waiting room. The following 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Names. See below for a more detailed definition of each term, from GLAADs LGBTQ Media Reference Guide. Medical professionals generally agree that patients receive better medical care when they are able to be honest and open with their healthcare providers. WebThe law forbids sexual orientation and gender identity discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. GAY Before explaining these terms, it is useful to first explain what is meant by health information, of which protected health information is The Centers annual events are a time for celebration, joy, pride and connection. 84 0 obj <>stream Retrieved from http://williamsinstitute.law.ucla.edu/wp-content/uploads/LGB-Poverty-Update Jun-2013.pdf, Badgett, M. V. L., & Schneebaum, A. HIPAA is a 1996 federal law that is intended to improve the portability and continuity of health insurance coverage and to establish national health information privacy standards. This definition is followed by a footnote that explains a record can be any item, collection, or grouping of information that includes Protected Health Information and is maintained, collected, used, or disseminated by or for a Covered Entity. While this may be a little confusing to follow and likely difficult to make clear to patients unfamiliar with the terminology of HIPAA an explanation of what information is protected by HIPAA could be explained thus: This explanation of what information is protected by HIPAA can help reduce patients misunderstandings about what is considered Protected Health Information under HIPAA and reduce the volume of complaints to HHS Office for Civil Rights. LGBTQyouth experience homelessness at a disproportionate rate. An adjective used to describe a person with one or more innate sex characteristics, including genitals, internal reproductive organs, and chromosomes, that fall outside of traditional conceptions of male or female bodies. HHS The definition of a family member is relevant to the application of 164.510 (b) regarding permitted uses and disclosures of PHI related to another persons involvement in an individuals care, and for making notifications about the individuals location, general condition, or death. Poverty rates would be projected to fall for the most vulnerable individuals in same-sex/gender couples, including African-Americans, couples with children, people with disabilities, individuals under 24 years of age, people without high school diplomas or the equivalent, and those living in rural areas (Badgett & Schneebaum, 2014). Find the ideal event and meeting space at The Center! All other requests for access to information under HIPAA must be accompanied by a written authorization from the patient. Your attendance and support helps make our work possible and furthers the connection that you have with the community. PHI is an acronym of Protected Health Information, while PII is an acronym of Personally Identifiable Information. All geographical subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes. The definition of a family member is relevant to the application of 164.510 (b) regarding permitted uses and disclosures of PHI related to another persons involvement in an individuals care, and for making notifications about the individuals location, general condition, or death. The following fraternities and sororities have adopted LGBTQ-inclusive policies at the national or institutional level. In conclusion, there is no doubt that understanding what is considered Protected Health Information under HIPAA can be complicated; but, by identifying what is Protected Health Information and what isnt and knowing when protections are applied to non-health information and when they are not Covered Entities and Business Associates can accelerate the flow of information and reduce the number of unjustified complaints by patients to HSS Office for Civil Rights. For example, in many cases Social Security Numbers have been replaced by Medicare Beneficiary Identifiers, social media handles did not exist when the list of PHI identifiers was compiled, and few people had Emotional Support Animals. The FAQ, while applicable in a variety of circumstances, was developed in large part to address confusion following the 2016 Orlando nightclub shooting about whether and when hospitals may share protected health information with patients loved ones. Psychosocial problems associated with homelessness in sexual minority youths. Some transgender people are prescribed hormones by their doctors to bring their bodies into alignment with their gender identity. Receive weekly HIPAA news directly via email, HIPAA News HRC hails historic EEOC ruling on employment discrimination [Press release]. HIPAA should not be used as an excuse to deny rights to LGBTQ patients. This fact sheet summarizes the new federal privacy rules and discusses how they regulate the communication of information regarding a patients sexual orientation or gender identity. Protected Health Information can be any information relating to an individual that is maintained in the same record set as the individuals health information. American Journal of Public Health, 103, 881-888. doi:10.2105/AJPH.2012.301040. Injustice at every turn: A report of the National Transgender Discrimination Survey. People who are transgender or gender diverse include: Those who have a gender identity that differs from the sex assigned to them at birth. Regulatory Changes LGBTQhomeless youth are 62 percent more likely to attempt suicide than their heterosexual counterparts, and they are at greater risk for sexual abuse, exploitation, sexual violence and drug abuse (National Alliance to End Homelessness, 2009). Several factors that can help improve outcomes for LGBTQ+ young people include: Addressing LGBTQ+-related stigma, discrimination, and violence. First, it depends on whether an identifier is included in the same record set. Sometimes lesbian is the preferred term for women. This decision expanded federal recognition of the rights of individuals in same-sex marriages, but did not resolve the status of such rights under state law. Stay up to date on legislation and policies that explore and work to eliminate socioeconomic disparities. (2014). WebThe regulations provide protections for the privacy of certain individually identifiable health data, referred to as protected health information, and establish rules balancing patient rights with the need to protect public health. The 18 i dentifiers that are considered PHI are included in OHRPP Guidance & Raising the federal minimum wage would benefit LGBTQ individuals and couples in the United States. Get Insured - Affordable Care Act Resources for the LGBTQ Community. Because PHI is any combination of health information and PHI identifiers, when health information or PHI identifiers are maintained separately from each other, the identifiers alone are not considered protected health information under HIPAA. Protected Health Information (PHI) is health information, including demographic data, created or received by a covered entity (such as any UNC Health entity hospital, clinic, department or workforce member of UNC Health or UNC SOM) which relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care by an individual and that identifies or can be used to identify the individual. The Human Rights Campaign reports on news, events and resources of the. This list does not include organizations that self-define as co-educational; although such groups may well be gender-inclusive in practice, they have yet to modify their policies and language to be inclusive at the institutional level. We offer a range of rooms, and with the support of our Event Production & Reservations team youll be sure to find the space to meet your event needs. In a perfect world, an explanation of what HIPAA Protected Health Information is would be covered in the Notice of Privacy Practices. Morrisville, NC 27560. Most health care providers in the U.S., including private physicians offices and hospitals, must provide each patient with a description of the patients privacy rights during the patients first doctors visit after the rules became effective in mid-April 2003. This is a 'list of LGBT and LGBT-friendly fraternities and sororities. It is quite simple to find out who an email address such as [emailprotected] belongs to by doing a little research on social media or using a reverse email lookup tool on the Internet. hbbd```b``:"& DYH`G0,f A M6i d6Y=XtGH@}L@JD: @ y With regards to written authorizations, it is important to be aware that individuals have the right to revoke their authorizations at any time. The plus is used to signify all of the gender identities and sexual orientations thatletters and words cannot yet fully describe. Authorized personnel and certain organizations can have access to information under HIPAA if it involves a permissible use or disclosure as defined by the Privacy Rule. Research has shown that an increase in the minimum wage would reduce the poverty rate by 25 percent for same-sex/gender female couples and 30 percent for same-sex/gender male couples. Any other non-health information included in the same record set assumes the same protections as the health information. A lawful marriage is any marriage sanctioned by a state, territory, or a foreign jurisdiction as long as a U.S. jurisdiction would also recognize the marriage performed in the foreign jurisdiction. For example, HIPAA laws protect health information relating to an individuals past, present, or future physical or mental health condition, treatment for the condition, and payment for treatment. HHS Office for Civil Rights updates an Enforcement Highlights webpage on which it lists the compliance issues most often alleged in complaints in order of frequency. 5. Evidence indicates individuals who identify as lesbian, gay, bisexual, and/or transgender (LGBTQ) are especially susceptible to socioeconomic disadvantages.