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. To learn more, please read our Privacy Policy. 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 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Privacy Gamarel, K. E., Reisner, S. L., Parsons, J. T., & Golub, S. A. The Canadian Journal of Human Sexuality, 18(4), 221-229. hb```g``Z0 2 EY8V03.)~( EbWr[k.]O^iLBx>2N^`&3S\_pcLS4#[pq102L b^f&(=@ }# 0 Thus, SES is inherently related to the rights, quality of life, and general well-being of LGBTQ persons. 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. This term describes someone who is questioning their sexual orientation or gender identity. HIPAA should not be used as an excuse to deny rights to LGBTQ patients. 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. Lesbian, Gay, Bisexual, and Transgender Office on Socioeconomic Status (OSES) website. What is Considered PHI One of the most common is students health information when it is created, received, maintained, or transmitted by a school or college; for although the school or college may qualify as a covered entity, students medical records are considered to be part of their educational records under FERPA. Those whose gender expression doesn't follow society's norms for the sex assigned to them at birth. The impact of a higher minimum wage on poverty among same-sex couples. HIPAA Advice, Email Never Shared The U.S. legal system does not prohibit discrimination on the basis of sexual orientation and gender identity in several states, including workplace discrimination. Sexual Orientation and Gender Identity 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 HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. Protected Health Information Webof LGBT persons remains legally permitted. First, it depends on whether an identifier is included in the same record set. 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. Retrieved from http://williamsinstitute.law.ucla.edu/wp-content/uploads/LGB-Poverty-Update Jun-2013.pdf, Badgett, M. V. L., & Schneebaum, A. Section 3 of DOMA had provided that federal law would recognize only opposite-sex marriages. Sexual orientation and 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. Those whose gender expression doesn't follow society's norms for the sex assigned to them at birth. 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. www.healthprivacy.org, Lambda Legal | 120 Wall Street, 19th Floor, New York, NY 10005 | P - 212-809-8585. > Guidance on HIPAA, Same-sex Marriage, and Sharing Information, HIPAA and Marriage: Understanding Spouse, Family Member, Marriage, and Personal Representatives in the Privacy Rule. For as many ways as you can define family, The Center is here to provide support. Some undergo surgery as well. Many LGBTQ youth may also be rejected by their family of origin or caregivers and forced to leave the home as minors. 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. Covered entities are allowed to disclose PHI for treatment, payment, and health care operations. Those who identify and express their gender outside of the gender binary. ASEXUAL Find out more about both our rich history and vibrant presence in Arts & Culture. The consequences of youth homelessness have many implications for the socioeconomic status of LGBTQ youth. The three most common reasons cited among LGBTQyouth for becoming homeless are (a) running away from families who reject them because of their sexual orientation or gender identity; (b) being forced out of their homes after disclosing their identities; and (c) aging out of or running away from the foster care system and the possible violence toward LGBTQyouth that can occur there (Keuroghlian et al., 2014). It is because of scenarios such as this that there is no list of Protected Health Information. The U.S. legal system does not prohibit discrimination on the basis of sexual orientation and gender identity in several states, including workplace discrimination. SEXUAL ORIENTATION, GENDER IDENTITY 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. 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. 2023 Lesbian & Gay Community Services Center, Inc. Bureau of General Services Queer Division. WebEvidence indicates individuals who identify as lesbian, gay, bisexual, and/or transgender (LGBTQ) are especially susceptible to socioeconomic disadvantages. 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. In most cases, this should mean that the provider cannot disclose a patients sexual orientation or 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. PHI is an acronym of Protected Health Information, while PII is an acronym of Personally Identifiable Information. What is Considered PHI In many cases, discrimination against and unfair treatment of LGBTQ persons remains legally permitted. In determining who is considered a personal representative, and thus able to act on behalf of an individual and exercise the individuals rights under HIPAA, the Privacy Rule generally looks to state laws governing which persons have authority to act on behalf of an individual in making decisions related to health care. Collecting Sexual Orientation and Gender Identity Information Not all intersex folks identify as being part of the LGBTQIA+ community. Sexual minority status and self-rated health: the importance of socioeconomic status, age, and sex. Do not confuse having an intersex trait with being transgender. 5. Socioeconomic status as context for minority stress and health disparities among lesbian, gay, and bisexual individuals. 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. New patterns of poverty in the lesbian, gay, and bisexual community. 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. Thus, SES is inherently related to the rights, quality of life, and general well-being of LGBTQ persons. that is maintained in the same record set as individually identifiable information (i.e., a name, an address, a phone number, etc.). As an added layer of protection, legal experts advise that patients express their wishes regarding hospital visitation, medical decision-making and other health issues by completing advanced healthcare directives. 4QyIyYEe]JQZ]Q)= TLFZU%b\2Z;~;9z=_+z>klyW'OOg}^?~=]^nZc(NP The following 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Names. 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. Your generosity helps The Center provide vital programs and services to support our evolving LGBT community. 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. Medical professionals generally agree that patients receive better medical care when they are able to be honest and open with their healthcare providers. 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). HIPAA and LGBTQ Healthcare Equality 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. All geographical subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes. All geographical subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes. About LGBTI people and human rights | OHCHR LGBT and LGBT-friendly fraternities and sororities If identifiers are removed, the health information is referred to as de-identified PHI. Learn how you can support our work today! US EEOC 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. 5. Steve is responsible for editorial policy regarding the topics covered on HIPAA Journal. 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. Status People who are transgender or gender diverse include: Those who have a gender identity that differs from the sex assigned to them at birth. Morrisville, NC 27560. Following are LGBT-specific fraternities. Eighteen states have no laws prohibiting workplace discrimination against LGBTQpeople (Human Rights Campaign, 2015). 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). It can also accelerate the flow of information within a health care facility when members of the workforce understand that not every piece of information relating to a patient has to be locked down behind access controls. Thus, SES is inherently related to the rights, quality of life, and general well-being of LGBTQ persons. Twenty states and the District of Columbia currently prohibit discrimination in the workplace based on sexual orientation and gender identity (Human Rights Campaign, 2017). 84 0 obj <>stream 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. What is Considered PHI Under HIPAA Regulatory Changes 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. 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. > Special Topics The U.S. legal system does not prohibit discrimination on the basis of sexual orientation and gender identity in several states, including workplace discrimination. _'Q0X{rtW/Nfu/?7?6l&_j[/{V]WXbazq=8:_1~b3Z=y~r:(EOOf_?m`;zlG6WT^>}^\|{j1;WVxq1w'/g'Sto> When can a healthcare provider use or disclose information regarding her patients health condition, sexual orientation or gender identity? Any other non-health information included in the same record set assumes the same protections as the health information. 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. PHI is an acronym of Protected Health Information, while PII is an acronym of Personally Identifiable Information. Protected Health Information can be any information relating to an individual that is maintained in the same record set as the individuals health information. The FAQ emphasizes that HIPAA does not limit any permitted disclosures based on the sex or gender identity of the recipient of the information. Know the laws in your state that protect LGBT people and people living with HIV. This is because, when taking the four definitions into account, it is easier to determine what information is protected under HIPAA and when. 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 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. Additional protections afforded by state laws: Second, some states have laws that provide additional protections for patients. GAY Those whose gender expression doesn't follow society's norms for the sex assigned to them at birth. The term family member includes lawful spouses and dependents of all lawful marriages. Disclosing Your Sexual Orientation or Gender Identity Journal of Youth and Adolescence, 41, 544560. 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 Disclosing Your Sexual Orientation or Gender Identity 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 to an individual. 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. It is now more than twenty years since this Protected Health Information list was compiled and it is very out of date. jQuery( document ).ready(function($) { 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. Youth The Center hosts more than 15,000 events and activities every year. In addition, some single-sex or co-educational fraternities and sororities have become gender-inclusive. Those who identify and express their gender outside of the gender binary. Youth US EEOC By using this site, you agree to our use of cookies. Sexual Orientation and Gender Identity A woman whose enduring physical, romantic, and/or emotional attraction is to other women. Our Resource Center is a comprehensive guide connecting you to a wide range of personal resources and professional opportunities. 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. HIPAA should not be used as an excuse to deny rights to LGBTQ patients. First, it depends on whether an identifier is included in the same record set. 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. This fact sheet includes some basic information about the federal privacy regulations, but the information is not comprehensive. Status 27 0 obj <> endobj Thank you for being our partner in serving and supporting the LGBT community. The subject of the information and representatives of HHS Office of Civil Rights must have access to information when requested. open to any individual who identifies as a woman with any sexual orientation, explicitly inclusive of gay and transgender men, open to any who identify and live as a woman of any sexual orientation, explicity open to transwomen and any individual who identifies as a woman, inclusive men of all sexual orientations, male-identified individuals, open to individuals who consistently identify and live as a woman of any sexual orientation, This page was last edited on 27 February 2023, at 08:11. 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. %%EOF Visit the. Some transgender people are prescribed hormones by their doctors to bring their bodies into alignment with their gender identity. 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. For example, the Privacy Rule allows covered entities to share information about the patients care with family members in various circumstances. American Journal of Public Health, 102, 2094-2101. doi:10.2105/AJPH.2012.300668, Gattis, M. N. (2009). The following 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Names. 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. 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. In other words, there are many situations where a patients disclosures to a doctor may not remain confidential. About LGBTI people and human rights | OHCHR This is a 'list of LGBT and LGBT-friendly fraternities and sororities. 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. Bisexual people need not have had specific sexual experiences to be bisexual; they need not have had any sexual experience at all to identify as bisexual. This depends on the federal law. For instance, such verbal agreement is usually required before disclosing information to a patients friends or family. %%EOF (2012). 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. The term marriage includes all lawful marriages. The law respects the patients wishes on matters of privacy and confidentiality. The 18 i dentifiers that are considered PHI are included in OHRPP Guidance & 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. 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. This is not surprising, as there are times when the same information can be both protected and non-protected depending on how it is maintained. 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. Mayo Clinic %PDF-1.6 % 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. Many examples of Protected Health Information refer to the PHI identifiers listed under the safe harbor method of de-identification in 45 CFR 164.514. For more information about the regulations, we encourage you to visit any of these web sites: www.hhs.gov/ocr/ Mayo Clinic 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. The U.S. legal system does not prohibit discrimination on the basis of sexual orientation and gender identity in several states, including workplace discrimination. Collecting Sexual Orientation and Gender Identity Information For example, many states broadly prohibit healthcare providers and laboratories from disclosing patients HIV test results except in certain circumstances. HIPAA and LGBTQ Healthcare Equality 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. The new privacy rules regulate disclosure of a wide range of information about patients. HITECH News 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. In most cases, this should mean that the provider cannot disclose a patients sexual orientation or gender identity without the patients consent. The definition of designated record sets appears in the introduction to the Privacy Rule in 45 CFR 164.501. All other requests for access to information under HIPAA must be accompanied by a written authorization from the patient. Our community faces numerous health disparities, including higher rates of drug and alcohol use.