The rules describe three different classes of information: (1) information that cannot be disclosed without written permission, (2) information that cannot be disclosed without informal verbal permission, and (3) information that can be disclosed without any permission. Under HIPAA, PHI ceases to be PHI if it is stripped of all identifiers that can tie the information to an individual. 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). Yes. HIPAA and LGBTQ Healthcare Equality Following are LGBT-specific fraternities. Covered entities are allowed to disclose PHI for treatment, payment, and health care operations. A person who can form enduring physical, romantic, and/or emotional attractions to those of the same gender or more than one gender. Although there could be thousands of Mr. Browns in New York, there is likely no more than a handful of Mr. Kwiatowskis in Crivitz, WI. endstream endobj 28 0 obj <>>> endobj 29 0 obj <>/Font<>/ProcSet[/PDF/Text/ImageC]/Properties<>/XObject<>>>/Rotate 0/TrimBox[0.0 0.0 612.0 792.0]/Type/Page>> endobj 30 0 obj <>stream 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. 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. The subject of the information and representatives of HHS Office of Civil Rights must have access to information when requested. Disclosing Your Sexual Orientation or Gender Identity Know the laws in your state that protect LGBT people and people living with HIV. 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). HRC hails historic EEOC ruling on employment discrimination [Press release]. HIPAA should not be used as an excuse to deny rights to LGBTQ patients. The new privacy rules regulate disclosure of a wide range of information about patients. 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. For example, many states broadly prohibit healthcare providers and laboratories from disclosing patients HIV test results except in certain circumstances. All rights reserved. To learn more, please read our Privacy Policy. 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. Whether youre looking for a job, support with transitioning in the workplace or information on job training options, The Center can help you achieve your professional goals. > Special Topics 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). LGBTQyouth experience homelessness at a disproportionate rate. To best understand what is considered Protect Health Information under HIPAA it is necessary to review not only the definition of Protected Health Information under HIPAA in 45 CFR 160.103, but also the definitions of health information, individually identifiable health information, and designated record set. 27 0 obj <> endobj Protected Health Information 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. It pains me to have to clarify that no, the LGBTQ community does not embrace pedophilia, and LGBTP is not an acronym used or supported by the LGBTQ community. The impact of a higher minimum wage on poverty among same-sex couples. 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. Indeed, Emotional Support Animals are a good example of when non-health information can be both protected and non-protected depending on how information is maintained. U.S. Department of Health & Human 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 HIPAA Advice, Email Never Shared An umbrella term for people whose gender identity and/or gender expression differs from what is typically associated with the sex they were assigned at birth. Disclosing Your Sexual Orientation or Gender Identity Retrieved from http://www.hrc.org/state-maps/employment, Keuroghlian, A. S., Shtasel, D., & Bassuk, E. L. (2014). WebEvidence indicates individuals who identify as lesbian, gay, bisexual, and/or transgender (LGBTQ) are especially susceptible to socioeconomic disadvantages. Disclosing Your Sexual Orientation or Gender Identity BISEXUAL (2012). 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. PHI is an acronym of Protected Health Information, while PII is an acronym of Personally Identifiable Information. hb```g``Z0 2 EY8V03.)~( EbWr[k.]O^iLBx>2N^`&3S\_pcLS4#[pq102L b^f&(=@ }# Stay up to date on legislation and policies that explore and work to eliminate socioeconomic disparities. 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. Low-income LGBTQindividuals and same-sex/gender couples have been found more likely to receive cash assistance and food stamps benefits compared to heterosexual individuals or couples. People may experience this attraction in differing ways and degrees over their lifetime. 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. Before explaining these terms, it is useful to first explain what is meant by health information, of which protected health information is Following are LGBT-specific sororities and women's fraternities. WebLGBT fraternities and sororities have existed since the 1980s, with Delta Phi Upsilon being established in 1985 and Delta Lambda Phi in 1986. 163 0 obj <>/Filter/FlateDecode/ID[<67F3766EC8E1F54DBCE4EF4EEA076C0A>]/Index[137 49]/Info 136 0 R/Length 121/Prev 178790/Root 138 0 R/Size 186/Type/XRef/W[1 3 1]>>stream No permission required:> In a variety of other circumstances, a healthcare provider may disclose information about a patient without the patients consent. HIPAA Journal's goal is to assist HIPAA-covered entities achieve and maintain compliance with state and federal regulations governing the use, storage and disclosure of PHI and PII. Thus, SES is inherently related to the rights, quality of life, and general well-being of LGBTQ persons. 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. The FAQ may be found at: http://www.hhs.gov/hipaa/for-professionals/faq/2086/does-hipaa-privacy-rule-permit-doctor-discuss-patient-s-health-status.html. Under HIPAA, PHI ceases to be PHI if it is stripped of all identifiers that can tie the information to an individual. Under HIPAA regulations, hospitals may use or disclose a patients protected health information to a family member, other relative, close personal friend or any other person the patient identifies. WebLGBT fraternities and sororities have existed since the 1980s, with Delta Phi Upsilon being established in 1985 and Delta Lambda Phi in 1986. 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. Research exploring the health, wellness, and safety concerns of sexual minority youth. 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. These policies are openly shared and are specific, rather than general non-discrimination statements. Several factors that can help improve outcomes for LGBTQ+ young people include: Addressing LGBTQ+-related stigma, discrimination, and violence. 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. Association between socioeconomic position discrimination and psychological distress: Findings from a community-based sample of gay and bisexual men in New York City. Sexual minority status and self-rated health: the importance of socioeconomic status, age, and sex. APA Policy Statements on Socioeconomic Status, Advancing psychology to benefit society and improve lives. It pains me to have to clarify that no, the LGBTQ community does not embrace pedophilia, and LGBTP is not an acronym used or supported by the LGBTQ community. LGBTQ community rejects false association with LGBTQIA+ is an abbreviation for lesbian, gay, bisexual, transgender, queer or questioning, intersex, asexual, and more. _'Q0X{rtW/Nfu/?7?6l&_j[/{V]WXbazq=8:_1~b3Z=y~r:(EOOf_?m`;zlG6WT^>}^\|{j1;WVxq1w'/g'Sto> Informal verbal permission required: In other circumstances, a provider must give the patient an informal opportunity to object before sharing private information about the patient. 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. SEXUAL ORIENTATION, GENDER IDENTITY The adjective describes a person who does not experience sexual attraction. Many LGBTQ youth may also be rejected by their family of origin or caregivers and forced to leave the home as minors. The 18 i dentifiers that are considered PHI are included in OHRPP Guidance & Discrimination against LGBTQ persons in the workplace is a significant factor in socioeconomic differences for LGBTQ persons (McGarrity, 2014). 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. About LGBTI people and human rights | OHCHR The Center hosts more than 15,000 events and activities every year. Sexual Orientation and Gender Identity 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. is unnecessary and not the objective of the Privacy Rule. Defining LGBTQIA+ - The Lesbian, Gay, Bisexual & Transgender Protected Health Information can be any information relating to an individual that is maintained in the same record set as the individuals health information. Several factors that can help improve outcomes for LGBTQ+ young people include: Addressing LGBTQ+-related stigma, discrimination, and violence. Patients should keep these documents in their files for future reference, particularly if they have questions about the release of sensitive information by their healthcare providers. About LGBTI people and human rights | OHCHR Sexual Orientation and Gender Identity 3. This guidance also updates and expands on related guidance issued in September 2014. Those whose gender expression doesn't follow society's norms for the sex assigned to them at birth. If identifiers are removed, the health information is referred to as de-identified PHI. But not all transgender people can or will take those steps, and a transgender identity is not dependent upon physical appearance or medical procedures. New patterns of poverty in the lesbian, gay, and bisexual community. 5221 Paramount Parkway It is now more than twenty years since this Protected Health Information list was compiled and it is very out of date. !y5F}aja2-HY3`e`)1 t From time to time, the Health Insurance Portability and Accountability Act is incorrectly cited as an obstacle to hospital visitation rights and decision making authority for LGBTQ families. 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. Similarly, any health information provided to any federal government agency is protected by the Privacy Act, while any health information maintained about a student by a school is protected by FERPA. 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. PHI LGBTQ community rejects false association with 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. 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. WebHIPAA Identifiers. (2009). open to any individual who identifies as a woman, regardless of the gender assigned at birth. HIPAA However, when a provider discloses information about a patient, the provider usually must try to reveal as little private information as possible. Protected Health Information Collecting Sexual Orientation and Gender Identity 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. Testimony on S.811, The Employment Non-Discrimination Act of 2011. Some lesbians may prefer to identify as gay or as gay women. Do not confuse having an intersex trait with being transgender. 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. American Journal of Public Health, 102, 2094-2101. doi:10.2105/AJPH.2012.300668, Gattis, M. N. (2009). > HIPAA Home The consequences of youth homelessness have many implications for the socioeconomic status of LGBTQ youth. 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. 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. Homelessness among lesbian, gay, and bisexual youth: Implications for subsequent internalizing and externalizing symptoms. WebEvidence indicates individuals who identify as lesbian, gay, bisexual, and/or transgender (LGBTQ) are especially susceptible to socioeconomic disadvantages. 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. However, most Notices of Privacy Practices already contain more information than most patients are prepared to read; and, as will become evident in later sections of this article, explaining what is covered under HIPAA and what is not will likely raise more questions than answers for patients wishing to exercise their Privacy Rule rights. Status Find out more about both our rich history and vibrant presence in Arts & Culture. 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. Any disclosure of HIPAA data (that qualifies as Protected Health Information) that is not permitted by the Privacy Rule or that is not authorized by the individual to whom the data relates is a violation of HIPAA. QUESTIONING This field is for validation purposes and should be left unchanged. The federal rules do not free providers from their legal duties to comply with those more protective state laws. PowerPoint presented at the American Psychological Association Fall Board Committee Meeting, Washington, DC. 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. There are numerous examples of what is not considered PHI under HIPAA. Your contributions make our work possible! The answer to the question who can access information under HIPAA has three parts. The 18 i dentifiers that are considered PHI are included in OHRPP Guidance & INTERSEX Collecting Sexual Orientation and Gender Identity Information These barriers, including workplace and housing discrimination, can result in increasing SES disparities for LGBTQ persons and families. LGBT and LGBT-friendly fraternities and sororities doi:10.1007/s10964-011-9681-3, Thomeer, M. B. Thus, SES is inherently related to the rights, quality of life, and general well-being of LGBTQ persons. Sometimes, when the Q is seen at the end of LGBT, it can also mean questioning. 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. In addition, the Privacy Rule provides protections against the use of genetic information about an individual, which also includes certain information about family members of the individual, for underwriting purposes. LESBIAN 1. Section 3 of DOMA had provided that federal law would recognize only opposite-sex marriages. %PDF-1.6 % Sexual orientation and gender identity. 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. If the threats could be reasonably anticipated, covered entities and business associates have to implement measures to protect against the threats, or mitigate the consequences if the threats were to materialize. For more information about the regulations, we encourage you to visit any of these web sites: www.hhs.gov/ocr/ QUEER Nineteen percent of transgender individuals in one study reported having been refused a home or apartment and 11 percent reported being evicted because of their gender identity or expression (Grant, Mottet, & Tanis, 2011). An individuals socioeconomic position may also be related to experiences of discrimination. 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. All other requests for access to information under HIPAA must be accompanied by a written authorization from the patient. PHI In other words, there are many situations where a patients disclosures to a doctor may not remain confidential. Among women 18-44 years of age, 29 percent of bisexual women and 23 percent of lesbians are living in poverty, compared to 21 percent of their heterosexual counterparts. Under the Public Health Service Act, any health information provided to a family planning agency is protected even if the family planning agency is not a HIPAA Covered Entity. OCR has issued a FAQ explaining that, under the HIPAA Privacy Rule, disclosures to a loved one who is not married to the patient or is not otherwise recognized as a relative of the patient under applicable law generally are permitted under the same circumstances and conditions as disclosures to a spouse or other person who is recognized as a relative under applicable law. Receive weekly HIPAA news directly via email, HIPAA News (2013). Yes. 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.. Because information about a patients sexual orientation and gender identity is often very relevant and sometimes absolutely crucial to the provision of healthcare, it is protected by the federal privacy rules as well. 137 0 obj <> endobj You'll receive email updates from HRC. Badgett, M. V. L. (2012). Get Insured - Affordable Care Act Resources for the LGBTQ Community. Youth In most cases, this should mean that the provider cannot disclose a patients sexual orientation or gender identity without the patients consent.