Some transgender people are prescribed hormones by their doctors to bring their bodies into alignment with their gender identity. Know the laws in your state that protect LGBT people and people living with HIV. Disclosing Your Sexual Orientation or Gender Identity It also generally requires covered entities to treat an individuals personal representative, who may be a spouse, as the individual, for purposes such as exercising the individuals rights under the Privacy Rule, including the right to access the individuals health information. HIPAA should not be used as an excuse to deny rights to LGBTQ patients. WebLGBT fraternities and sororities have existed since the 1980s, with Delta Phi Upsilon being established in 1985 and Delta Lambda Phi in 1986. 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. The definition of designated record sets appears in the introduction to the Privacy Rule in 45 CFR 164.501. HIPAA should not be used as an excuse to deny rights to LGBTQ patients. Retrieved from http://williamsinstitute.law.ucla.edu/research/safe-schools-and-youth/serving-our-youth-july-2012/. Even if social media or a reverse lookup tool does not give you the individuals name, you will still be able to find enough information about the individual for the email address when maintained with health information to be considered PHI. 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. In most cases, this should mean that the provider cannot disclose a patients sexual orientation or gender identity without the patients consent. The term HIPAA information can relate to any standard in the text of the Health Insurance Portability and Accountability Act inasmuch as the term could mean information about a pre-existing condition for insurance purposes, information contained in a Medicare claims transaction, or the right to withhold information from an insurance provider when treatment has been paid for privately. First, it depends on whether an identifier is included in the same record set. The consequences of youth homelessness have many implications for the socioeconomic status of LGBTQ youth. Eighteen states have no laws prohibiting workplace discrimination against LGBTQpeople (Human Rights Campaign, 2015). Additional protections afforded by state laws: Second, some states have laws that provide additional protections for patients. 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. 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 Human Rights Campaign. About LGBTI people and human rights | OHCHR into their membership. For example, a personal representative of an individual is able to review and obtain a copy of the individuals medical record or authorize disclosures of protected health information. These new regulations, issued by the U.S. Department of Health and Human Services under the Health Insurance Portability and Accountability Act (known as HIPAA), create a federal standard dictating how medical providers and health plans can use and disclose patients private information. 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. In a perfect world, an explanation of what HIPAA Protected Health Information is would be covered in the Notice of Privacy Practices. People who are transgender or gender diverse include: Those who have a gender identity that differs from the sex assigned to them at birth. The Center hosts more than 15,000 events and activities every year. For instance, such verbal agreement is usually required before disclosing information to a patients friends or family. Mayo Clinic The answer to the question who can access information under HIPAA has three parts. The U.S. legal system does not prohibit discrimination on the basis of sexual orientation and gender identity in several states, including workplace discrimination. Retrieved from http://www.hrc.org/state-maps/employment, Keuroghlian, A. S., Shtasel, D., & Bassuk, E. L. (2014). As long as the information is collected from the patient, can be used to identify the patient, and is transmitted or maintained in some form by the healthcare provider or health plan, it is protected under the federal privacy rules. Protected Health Information can be any information relating to an individual that is maintained in the same record set as the individuals health information. Intersex people are assigned a sex at birth either male or female and that decision by medical providers and parents may not match the gender identity of the child. Those who identify and express their gender outside of the gender binary. TRANSGENDER 2023 Lesbian & Gay Community Services Center, Inc. Bureau of General Services Queer Division. Our community faces numerous health disparities, including higher rates of drug and alcohol use. State maps of laws and policies: Employment. LvIK`(&HC R0d`vL_@q$[+"_H@T&30:?0 *
Sexual orientation and gender identity. Sexual Orientation and Gender Identity 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. Some lesbians may prefer to identify as gay or as gay women. The following 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Names. 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. Evidence indicates individuals who identify as lesbian, gay, bisexual, and/or transgender (LGBTQ) are especially susceptible to socioeconomic disadvantages. Thus, SES is inherently related to the rights, quality of life, and general well-being of LGBTQ persons. CALL 833-ISAYGAY OR 833-SAYTGNC TO REPORT DISCRIMINATION IN FLORIDA, Disclosing Your Sexual Orientation or Gender Identity to Healthcare Providers: The Effect of New HIPAA Regulations, Call us or submit your legal questions online, 120 Wall Street, 19th Floor, New York, NY 10005, To provide treatment to the patient or to facilitate payment for that treatment, To share information with business associates who work with the provider, To report certain information, such as a diagnosis of AIDS or an incident of domestic violence, to relevant public health authorities when the law requires or permits such reporting, To assist a law enforcement investigation or to provide eligibility information to a public benefits program, For any purpose, as long as the information revealed by the provider does not identify the individual patient. If the patient files a complaint with HHS, and HHS agrees that the rules have been violated, HHS may impose a fine on the provider or, in rare cases, pursue criminal charges. Following are LGBT-specific fraternities. 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. 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. Yes. HIPAA and LGBTQ Healthcare Equality Mayo Clinic 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). hZnI|E!xX.7nV9YFF!+BQFgh-xC9 LGBTQhomeless youth are more likely than their homeless heterosexual counterparts to have poorer mental and physical health outcomes, including major depressive disorders, PTSD and substance abuse (Keuroghlian, Shtasel, & Bassuk, 2014). This term describes someone who is questioning their sexual orientation or gender identity. No permission required:> In a variety of other circumstances, a healthcare provider may disclose information about a patient without the patients consent. Mayo Clinic New federal regulations that went into effect in April 2003 help to clarify the rights of LGBT persons and the responsibilities of health care providers regarding the confidentiality of medical information. (2012). 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. It is important to note that these definitions only apply to health care providers, health plans, and health care clearing houses that qualify as HIPAA Covered Entities, and only to Business Associates while they are performing a service for or on behalf of a Covered Entity. The HIPAA Privacy Rule contains several provisions that recognize the integral role that family members, such as spouses, often play in a patients health care. Retrieved from http://williamsinstitute.law.ucla.edu/research/workplace/testimony-s811-061212/, Badgett, M. V. L., Durso, L. E., & Schneebaum, A. 5. is Considered Protected Health Information Under HIPAA Those whose gender expression doesn't follow society's norms for the sex assigned to them at birth. Under HIPAA, PHI ceases to be PHI if it is stripped of all identifiers that can tie the information to an individual. 27 0 obj
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> HIPAA Home HIPAA protected information is most often considered to be the contents of a designated record set i.e., both the health information in the designated record set and any non-health information that identifies or could be used to identify the subject of the health information. When do medical providers have to tell patients about their privacy rights? 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. For example, many states broadly prohibit healthcare providers and laboratories from disclosing patients HIV test results except in certain circumstances. 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. What is Considered PHI Under HIPAA Status 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. Socioeconomic status as context for minority stress and health disparities among lesbian, gay, and bisexual individuals. For example, [emailprotected], Stillwater MN, and auto registration AYP 197 are not included in PHI when they are not maintained with health information. Collecting Sexual Orientation and Gender Identity Information APA Policy Statements on Socioeconomic Status, Advancing psychology to benefit society and improve lives. doi:10.1007/s10964-011-9681-3, Thomeer, M. B. 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. View rooms, availability, services, and details on how to book for events and meetings at affordable prices. Status Those whose gender expression doesn't follow society's norms for the sex assigned to them at birth. Sexual Orientation and Gender Identity 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). LGBT fraternities and sororities have existed since the 1980s, with Delta Phi Upsilon being established in 1985 and Delta Lambda Phi in 1986. For more information about when the Protected Health Information definition may not apply to a health care provider or health plan, please see The HIPAA Definition of Covered Entities Explained. Fassinger, R. (2007, September). hb`````Z $e@@,&gY1e*b>|9! Starting with health information, this is defined as any information, including genetic information, whether oral or recorded in any form or medium, that: Thereafter, the definition of individually identifiable health information is much the same, other than the definition only applies to health care providers, health plans, employers (in the role of an administrator of a self-insured health plan), and health care clearinghouses, and only relates to information that identifies or could be used to identify the individual who is the subject of the health information or the individuals family, employer, or members of their household. In addition to groups established for LBGT members, in the 21st century, many Greek letter organizations have become LGBT-friendly by adopting diversity and inclusivity statements. Steve is responsible for editorial policy regarding the topics covered on HIPAA Journal. 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. PHI is an acronym of Protected Health Information, while PII is an acronym of Personally Identifiable Information. All covered entities and business associates are required to conduct frequent risk analyses in order to identify threats to the integrity of PHI. The Protected Health Information definition is similar to that for individually identifiable health information when maintained or transmitted by a Covered Entity other than PHI excludes health information maintained in students educational records (as these are protected by the Family Educational Rights and Privacy Act) and health information maintained by a Covered Entity in its role as an employer (i.e., health information relating to an employees absence from work). This standard defines designated record sets as a group of records maintained by or for a Covered Entity that is the medical records and billing records about individuals [] or the enrollment, payment, and claims information maintained by or for a health plan that is used in whole or in part by or for the Covered Entity to make decisions about individuals.. Defining LGBTQIA+ - The Lesbian, Gay, Bisexual & Transgender Your contributions make our work possible! On the contrary, HIPAA specifically provides a mechanism for patients to indicate their wishes in these areas. 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. Retrieved from http://www.hrc.org/press/hrc-hails-historic-eeoc-ruling-on-employment-discrimination, Human Rights Campaign. It is now more than twenty years since this Protected Health Information list was compiled and it is very out of date. The adjective describes a person who does not experience sexual attraction. The Canadian Journal of Human Sexuality, 18(4), 221-229. These groups are intended to provide members with access to Greek life without fear of homophobic reprisal or behavior by fellow members, resulting from a history of homophobia within longer-established organizations. WebThis umbrella term includes people who have nonbinary, gender-fluid, or gender nonconforming identities. The Center remains committed to addressing these challenges by providing you and your loved ones with LGBT-specific recovery services and support. However, it is important to be aware that HIPAA provides a federal floor of privacy protections. Serving our youth: Findings from a national survey of service providers working with lesbian, gay, bisexual, and transgender youth who are homeless or at risk of becoming homeless. Under the Privacy Rule, if a state provides legally married spouses with health care decision making authority on behalf of one another, a covered entity is required to recognize the lawful spouse of an individual as the individuals personal representative without regard to the sex of the spouses. Stay up to date on legislation and policies that explore and work to eliminate socioeconomic disparities. The FAQ emphasizes that HIPAA does not limit any permitted disclosures based on the sex or gender identity of the recipient of the information. Disclosing Your Sexual Orientation or Gender Identity If identifiers are removed, the health information is referred to as de-identified PHI. 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. HIPAA protects the privacy of individually identifiable health information via the provisions of the Privacy Rule. Under HIPAA, PHI is considered to be any combination of health information and PHI identifier(s) created, received, maintained, or transmitted by a covered entity. 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. 1. See below for a more detailed definition of each term, from GLAADs LGBTQ Media Reference Guide. Studies on LGBTQ youth reveal the following: Although the U.S. Supreme Court ruled in 2015 that states must issue marriage licenses to same-sex couples and recognize same-sex unions that have been legally performed in other states, legal barriers continue to exist. American Journal of Public Health, 102, 2094-2101. doi:10.2105/AJPH.2012.300668, Gattis, M. N. (2009). Find out more about both our rich history and vibrant presence in Arts & Culture. Do not confuse having an intersex trait with being transgender. All geographical subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes. From relationships to parenthood, we can guide and connect you throughout your journey. U.S. Department of Health & Human Services A lack of acceptance and fear of persecution can lead many LGBTQ youth to leave their homes and live in transitional housing or on the streets. Protected Health Information is health information (i.e., a diagnosis, a test result, an x-ray, etc.) Those who identify and express their gender outside of the gender binary. Sometimes shortened to ace, it is an umbrella term that can also include people who are demisexual, meaning they do experience some sexual attraction; graysexual, meaning those who may not fit the strictest definition of the word asexual; and aromantic, meaning they experience little to no romantic attraction and/or has little to no desire to form romantic relationships. In light of the Windsor and Obergefell decisions, this guidance makes clear that the terms marriage, spouse, and family member include, respectively, all lawful marriages, lawfully married spouses, and both the lawful spouses and the dependents of all lawful marriages, and clarifies certain rights of individuals under the Privacy Rule. A woman whose enduring physical, romantic, and/or emotional attraction is to other women. HIPAA Sexual minority status and self-rated health: the importance of socioeconomic status, age, and sex. When can a healthcare provider use or disclose information regarding her patients health condition, sexual orientation or gender identity? Collecting Sexual Orientation and Gender Identity Information 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. LGBT and LGBT-friendly fraternities and sororities For example, a provider may disclose information about a patient for the following purposes: This list is not exhaustive; the federal rules list several other situations when a provider may disclose a patients private information without consent. A HIPAA violation of this nature is usually considered to be a data breach; and, depending on the consequences of the violation, may have to be reported to HHS Office for Civil Rights. 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. Badgett, M. V. L. (2012). 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. > Special Topics PHI Before explaining these terms, it is useful to first explain what is meant by health information, of which protected health information is Not all intersex folks identify as being part of the LGBTQIA+ community. In addition to the federal rules, information about patients may be protected in two other ways. Despite the value of such frank discussions, studies have shown that many gay, lesbian, bisexual, and transgendered (LGBT) persons are reluctant to discuss their sexual orientation or gender identity with their health care providers out of fear of ridicule, abandonment of care, or improper disclosure of their sexual orientation or health status to third parties. Yes. WebHowever, when a provider discloses information about a patient, the provider usually must try to reveal as little private information as possible. 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. Although PHI is the more commonly used acronym in HIPAA, both PHI and IIHI are protected by the Privacy and Security Rules because they mean exactly the same thing. All information can be shared without violating HIPAA provided it is shared for a permissible use or disclosure or the entity sharing the information has obtained a written authorization from the subject of the information. In both quality and quantity, a patients description of his or her medical history can be far more important than any physical exam, laboratory tests, or other diagnostic tools in helping determine the patients health status. US EEOC What rights do the new privacy rules grant to patients? Several factors that can help improve outcomes for LGBTQ+ young people include: Addressing LGBTQ+-related stigma, discrimination, and violence. TTD Number: 1-800-537-7697, Guidance on HIPAA, Same-sex Marriage, and Sharing Information with Patients Loved Ones, Content created by Office for Civil Rights (OCR), U.S. Department of Health & Human Services, has sub items, about Compliance & Enforcement, has sub items, about Covered Entities & Business Associates, Other Administrative Simplification Rules, http://www.hhs.gov/hipaa/for-professionals/faq/2086/does-hipaa-privacy-rule-permit-doctor-discuss-patient-s-health-status.html. 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. Your Privacy Respected Please see HIPAA Journal privacy policy. Youth About LGBTI people and human rights | OHCHR To find groups and events happening at The Center, visit our calendar of events, or sign up for our newsletter, Center Happenings, below. 137 0 obj
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From LGBT-friendly hotels, bookstores and attractions to anonymous HIV testing sites, find out more about what NYC has to offer you. The plus is used to signify all of the gender identities and sexual orientations thatletters and words cannot yet fully describe. 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. 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. The 18 i dentifiers that are considered PHI are included in OHRPP Guidance & National recommended best practices for serving LGBT homeless youth. The subject of the information and representatives of HHS Office of Civil Rights must have access to information when requested. 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. Cancel Any Time. LGBT and LGBT-friendly fraternities and sororities +PLUS. WebThis umbrella term includes people who have nonbinary, gender-fluid, or gender nonconforming identities. (2014). LGBTQ community rejects false association with Thank you for being our partner in serving and supporting the LGBT community. Before explaining these terms, it is useful to first explain what is meant by health information, of which protected health information is WebThis umbrella term includes people who have nonbinary, gender-fluid, or gender nonconforming identities.