Wells, K. (2009). 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. www.hipaadvisory.com New patterns of poverty in the lesbian, gay, and bisexual community. Find more LGBTQ information and resources by visiting our resource center or by giving us a call at 212.620.7310. In most cases, this should mean that the provider cannot disclose a patients sexual orientation or gender identity without the patients consent. 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. A woman whose enduring physical, romantic, and/or emotional attraction is to other women. 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. Toll Free Call Center: 1-800-368-1019 The Human Rights Campaign reports on news, events and resources of the. 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. 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.. 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. On June 26, 2013, in United States v. Windsor, the Supreme Court held section 3 of the Defense of Marriage Act (DOMA) to be unconstitutional. (2009). 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. 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. The definition of designated record sets appears in the introduction to the Privacy Rule in 45 CFR 164.501. 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. into their membership. This is because, when taking the four definitions into account, it is easier to determine what information is protected under HIPAA and when. The term spouse includes all individuals who are in lawful marriages without regard to the sex of the individuals. The following fraternities and sororities have adopted LGBTQ-inclusive policies at the national or institutional level. 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). These terms are used to describe a persons sexual orientation or gender identity. 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. Medical professionals generally agree that patients receive better medical care when they are able to be honest and open with their healthcare providers. He is a specialist on healthcare industry legal and regulatory affairs, and has several years of experience writing about HIPAA and other related legal topics. 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. _'Q0X{rtW/Nfu/?7?6l&_j[/{V]WXbazq=8:_1~b3Z=y~r:(EOOf_?m`;zlG6WT^>}^\|{j1;WVxq1w'/g'Sto> Before explaining these terms, it is useful to first explain what is meant by health information, of which protected health information is 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. is unnecessary and not the objective of the Privacy Rule. 3. Following are LGBT-specific fraternities. Under HIPAA, PHI ceases to be PHI if it is stripped of all identifiers that can tie the information to an individual. All geographical subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes. Your attendance and support helps make our work possible and furthers the connection that you have with the community. 27 0 obj <> endobj In other words, there are many situations where a patients disclosures to a doctor may not remain confidential. 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. WebHIPAA Identifiers. Twenty states and the District of Columbia currently prohibit discrimination in the workplace based on sexual orientation and gender identity (Human Rights Campaign, 2017). These barriers, including workplace and housing discrimination, can result in increasing SES disparities for LGBTQ persons and families. Studies have shown that 42 percent to 68 percent of LGBTQindividuals report experiencing employment discrimination (Badgett, 2012; Fassinger, 2007). Homelessness among lesbian, gay, and bisexual youth: Implications for subsequent internalizing and externalizing symptoms. Webof LGBT persons remains legally permitted. Journal of Youth and Adolescence, 41, 544560. 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. 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. 137 0 obj <> endobj 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, 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. Consider SES in your education, practice, and research efforts. 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. In addition to the federal rules, information about patients may be protected in two other ways. If identifiers are removed, the health information is referred to as de-identified PHI. First, it depends on whether an identifier is included in the same record set. To include non-health information that is not maintained in a record set in a list of Protected Health Information (i.e., license plate numbers, device identifiers, URLs, etc.) 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. By clicking "GO" below, you will be directed to a website operated by the Human Rights Campaign Foundation, an independent 501(c)(3) entity. (2014). Several factors that can help improve outcomes for LGBTQ+ young people include: Addressing LGBTQ+-related stigma, discrimination, and violence. The U.S. legal system does not prohibit discrimination on the basis of sexual orientation and gender identity in several states, including workplace discrimination. 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. 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. 5. Grant, J. M., Mottet, L. A., Tanis, J., Harrison, J., Herman, J. L., & Keisling, M. (2011). The 18 i dentifiers that are considered PHI are included in OHRPP Guidance & 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. WebEvidence indicates individuals who identify as lesbian, gay, bisexual, and/or transgender (LGBTQ) are especially susceptible to socioeconomic disadvantages. Socioeconomic status as context for minority stress and health disparities among lesbian, gay, and bisexual individuals. Some undergo surgery as well. Copyright 2014-2023 HIPAA Journal. 5. For example, [emailprotected], Stillwater MN, and auto registration AYP 197 are not included in PHI when they are not maintained with health information. The new privacy rules regulate disclosure of a wide range of information about patients. Prior research has shown that LGBTQ people and same-sex/gender couples are more vulnerable to conditions of poverty as compared to heterosexual people and couples (Badgett, Durso, & Schneebaum, 2013; Grant et al., 2011). Evidence has shown that gay and bisexual men who earned higher incomes were significantly less likely to report discrimination compared to those of lower socioeconomic position. %PDF-1.6 % The Center hosts more than 15,000 events and activities every year. What rights do the new privacy rules grant to patients? 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. !y5F}aja2-HY3`e`)1 t LESBIAN (2013). Many LGBTQ youth may also be rejected by their family of origin or caregivers and forced to leave the home as minors. 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. GAY First, it depends on whether an identifier is included in the same record set. 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. If a patient believes that a healthcare provider has violated the privacy rules, the patient may either (1) file a written complaint with the Department of Health and Human Services (HHS) within 180 days of the violation, or (2) file a complaint with the provider. 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. People who are transgender or gender diverse include: Those who have a gender identity that differs from the sex assigned to them at birth. Washington, D.C. 20201 Webof LGBT persons remains legally permitted. > Guidance on HIPAA, Same-sex Marriage, and Sharing Information, HIPAA and Marriage: Understanding Spouse, Family Member, Marriage, and Personal Representatives in the Privacy Rule. Those whose gender expression doesn't follow society's norms for the sex assigned to them at birth. 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. 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. LGBTQyouth experience homelessness at a disproportionate rate. 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. 1. The impact of a higher minimum wage on poverty among same-sex couples. Before explaining these terms, it is useful to first explain what is meant by health information, of which protected health information is The federal privacy rules create certain protections against the disclosure of private information about patients, but those protections are not absolute. 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. In a perfect world, an explanation of what HIPAA Protected Health Information is would be covered in the Notice of Privacy Practices. All other requests for access to information under HIPAA must be accompanied by a written authorization from the patient. doi:10.1007/s10964-011-9681-3, Thomeer, M. B. The 18 i dentifiers that are considered PHI are included in OHRPP Guidance & Information about sexual orientation and gender identity is an essential part of any medical history. 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. 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. 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. Some transgender people are prescribed hormones by their doctors to bring their bodies into alignment with their gender identity. > Special Topics Our Resource Center is a comprehensive guide connecting you to a wide range of personal resources and professional opportunities. In most cases, this should mean that the provider cannot disclose a patients sexual orientation or 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. All geographical subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes. The U.S. legal system does not prohibit discrimination on the basis of sexual orientation and gender identity in several states, including workplace discrimination.