is lgbtq status considered phi is lgbtq status considered phi

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). Thus, SES is inherently related to the rights, quality of life, and general well-being of LGBTQ persons. Washington, D.C. 20201 The U.S. legal system does not prohibit discrimination on the basis of sexual orientation and gender identity in several states, including workplace discrimination. Morrisville, NC 27560. The Human Rights Campaign reports on news, events and resources of the. 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. 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. 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 Journal provides the most comprehensive coverage of HIPAA news anywhere online, in addition to independent advice about HIPAA compliance and the best practices to adopt to avoid data breaches, HIPAA violations and regulatory fines. All geographical subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes. Becoming homeless is also related to future depressive and anxiety symptoms, disorderly conduct and substance use disorders, which highlights the long-term impact of unstable housing on LGBTQhomeless youth (Rosario, Scrimshaw, & Hunter, 2012). For example, in many cases Social Security Numbers have been replaced by Medicare Beneficiary Identifiers, social media handles did not exist when the list of PHI identifiers was compiled, and few people had Emotional Support Animals. American Journal of Orthopsychiatry, 84, 66-72. doi:10.1037/h0098852, McGarrity, L. A. State maps of laws and policies: Employment. The 18 i dentifiers that are considered PHI are included in OHRPP Guidance & HIPAA Advice, Email Never Shared (2015, July 16). Discrimination against LGBT persons in the workplace is a significant factor in socioeconomic differences for LGBT persons (McGarrity, 2014). Your contributions make our work possible! The Centers annual events are a time for celebration, joy, pride and connection. Grant, J. M., Mottet, L. A., Tanis, J., Harrison, J., Herman, J. L., & Keisling, M. (2011). LGBTQhomeless youth are 62 percent more likely to attempt suicide than their heterosexual counterparts, and they are at greater risk for sexual abuse, exploitation, sexual violence and drug abuse (National Alliance to End Homelessness, 2009). Steve is responsible for editorial policy regarding the topics covered on HIPAA Journal. This umbrella term includes people who have nonbinary, gender-fluid, or gender nonconforming identities. 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. HIPAA protects the privacy of individually identifiable health information via the provisions of the Privacy Rule. Covered entities are allowed to disclose PHI for treatment, payment, and health care operations. Journal of Youth and Adolescence, 41, 544560. 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. 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). The Human Rights Campaign, All Rights Reserved. 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. Research exploring the health, wellness, and safety concerns of sexual minority youth. 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. The following Greek letter organizations are gender-inclusive, meaning they accept males, females, trans, non-binary, etc. Wells, K. (2009). Additional protections afforded by state laws: Second, some states have laws that provide additional protections for patients. Those whose gender expression doesn't follow society's norms for the sex assigned to them at birth. In most cases, this should mean that the provider cannot disclose a patients sexual orientation or open to women of any sexual orientation and any individual who identifies as a woman, open to any individual who identifies and lives as a woman with any sexual orientation, open to women and transgender persons who identify as women with any sexual orientation, inclusive of gender identity/expression or sexual orientation, open to any individual who identifies and lives as a woman or any sexual orientation, open to any individual who identifies as a woman and any sexual orientation, explicitly open to trans and non-binary individuals, explicitly inclusive of individuals who identify as "gay, bisexual-transgender and any other non-heteronormative sexual orientations, gender expression, or genre identities", explicitly welcomes any individuals who identify as male, transgender men, and men of any sexual orientation, open to any individual who identifies as a woman, open to any individual who identifis as a woman, open to any individual who identifies as a woman and women of any sexual orientation. 5221 Paramount Parkway hbbd```b``:"& DYH`G0,f A M6i d6Y=XtGH@}L@JD: @ y 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. WebEvidence indicates individuals who identify as lesbian, gay, bisexual, and/or transgender (LGBTQ) are especially susceptible to socioeconomic disadvantages. %%EOF 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. Your attendance and support helps make our work possible and furthers the connection that you have with the community. 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. LGBTQyouth experience homelessness at a disproportionate rate. This decision expanded federal recognition of the rights of individuals in same-sex marriages, but did not resolve the status of such rights under state law. 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. Several factors that can help improve outcomes for LGBTQ+ young people include: Addressing LGBTQ+-related stigma, discrimination, and violence. Washington, DC: National Center for Transgender Equality and National Gay and Lesbian Task Force. Please report privacy incidents promptly using the online reporting tool (link below) or the Hotline phone number at, Auditing Access to Electronic Medical Record, Employee Access to Protected Health Information, Fundraising, Marketing, Informational Newsletter Guidelines, Surprise Billing and Good Faith Estimate Notices, Avisos de facturas mdicas sorpresas y avisos de presupuestos de buena fe, All geographical subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes, All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, date of death, and all ages over 89 and all elements of dates (including year) indicative of such age, Vehicle identifiers and serial numbers, including license plate numbers, Biometric identifiers, including finger and voice prints, Full face photographic images and any comparable images, and, Any other unique identifying number, characteristic, or code. 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. If identifiers are removed, the health information is referred to as de-identified PHI. 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. Find out more about both our rich history and vibrant presence in Arts & Culture. In addition, some single-sex or co-educational fraternities and sororities have become gender-inclusive. $("#wpforms-form-28602 .wpforms-submit-container").appendTo(".submit-placement"); All health information relating to an individuals past, present, or future physical or mental health or condition, the provision of health care to the individual; or the past, present, or future payment for the provision of health care to the individual when the health information is maintained in a record set with any PHI identifier. The FAQ emphasizes that HIPAA does not limit any permitted disclosures based on the sex or gender identity of the recipient of the information. But not all transgender people can or will take those steps, and a transgender identity is not dependent upon physical appearance or medical procedures. 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. However, when non-health information is maintained outside the record set, the protections do not apply. This fact sheet summarizes the new federal privacy rules and discusses how they regulate the communication of information regarding a patients sexual orientation or gender identity. (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. If identifiers are removed, the health information is referred to as de-identified PHI. PHI is an acronym of Protected Health Information, while PII is an acronym of Personally Identifiable 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. 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. Retrieved from http://www.hrc.org/state-maps/employment, Keuroghlian, A. S., Shtasel, D., & Bassuk, E. L. (2014). 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. Find more LGBTQ information and resources by visiting our resource center or by giving us a call at 212.620.7310. The following 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Names. Evidence indicates individuals who identify as lesbian, gay, bisexual, and/or transgender (LGBTQ) are especially susceptible to socioeconomic disadvantages. WebEvidence indicates individuals who identify as lesbian, gay, bisexual, and/or transgender (LGBTQ) are especially susceptible to socioeconomic disadvantages. HIPAA should not be used as an excuse to deny rights to LGBTQ patients. 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. 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. Any gender information maintained or transmitted by an organization not covered by HIPAA is not PHI. Retrieved from http://williamsinstitute.law.ucla.edu/wp-content/uploads/min-wage-simulation-april 2014.pdf, Durso, L. E., & Gates, G. J. 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. 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. The impact of a higher minimum wage on poverty among same-sex couples. The Center remains committed to addressing these challenges by providing you and your loved ones with LGBT-specific recovery services and support. In most cases, this should mean that the provider cannot disclose a patients sexual orientation or gender identity without the patients consent. To find groups and events happening at The Center, visit our calendar of events, or sign up for our newsletter, Center Happenings, below. 0 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. By using this site, you agree to our use of cookies. 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. Those whose gender expression doesn't follow society's norms for the sex assigned to them at birth. Webof LGBT persons remains legally permitted. 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. 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. 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. +PLUS. 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. The law respects the patients wishes on matters of privacy and confidentiality. To learn more, please read our Privacy Policy. U.S. Department of Health & Human Services PHI is an acronym of Protected Health Information, while PII is an acronym of Personally Identifiable 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. For example, [emailprotected], Stillwater MN, and auto registration AYP 197 are not included in PHI when they are not maintained with health information. 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 Specifically, the rules create limited safeguards for all protected health information, which includes any information that relates to (1) a patients past, present or future physical or mental health or condition, (2) the provision of healthcare to the patient, or (3) payment for the patients healthcare. Therefore, the answer to questions such as is gender a HIPAA identifier, is gender considered PHI, and is LGBTQ status considered PHI is that is can be depending on who is maintaining or transmitting the information and whether it is maintained or transmitted with health information. > Guidance on HIPAA, Same-sex Marriage, and Sharing Information, HIPAA and Marriage: Understanding Spouse, Family Member, Marriage, and Personal Representatives in the Privacy Rule. > Special Topics %PDF-1.6 % HRC hails historic EEOC ruling on employment discrimination [Press release]. 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. Discrimination against LGBT persons in the workplace is a significant factor in socioeconomic differences for LGBT persons (McGarrity, 2014). Protected Health Information is health information (i.e., a diagnosis, a test result, an x-ray, etc.) Many LGBTQ youth may also be rejected by their family of origin or caregivers and forced to leave the home as minors. Webof LGBT persons remains legally permitted. 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. 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.) Your Privacy Respected Please see HIPAA Journal privacy policy. Some undergo surgery as well. Those who identify and express their gender outside of the gender binary. into their membership. Yes. 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. 27 0 obj <> endobj Importantly, this also includes any data relating to a family member, friend, or employer that could identify the individual. 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). By clicking "GO" below, you will be directed to a website operated by the Human Rights Campaign Foundation, an independent 501(c)(3) entity. 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. 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. People who are transgender or gender diverse include: Those who have a gender identity that differs from the sex assigned to them at birth. Find the ideal event and meeting space at The Center! Because PHI is any combination of health information and PHI identifiers, when health information or PHI identifiers are maintained separately from each other, the identifiers alone are not considered protected health information under HIPAA. 5. Protected Health Information can be any information relating to an individual that is maintained in the same record set as the individuals health information. PowerPoint presented at the American Psychological Association Fall Board Committee Meeting, Washington, DC. Testimony on S.811, The Employment Non-Discrimination Act of 2011. In most cases, this should mean that the provider cannot disclose a patients sexual orientation or Before explaining these terms, it is useful to first explain what is meant by health information, of which protected health information is First, it depends on whether an identifier is included in the same record set. 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. 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. %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. The 18 i dentifiers that are considered PHI are included in OHRPP Guidance & 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. Sometimes lesbian is the preferred term for women. hb```g``Z0 2 EY8V03.)~( EbWr[k.]O^iLBx>2N^`&3S\_pcLS4#[pq102L b^f&(=@ }# 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. 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. 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. 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. A person who can form enduring physical, romantic, and/or emotional attractions to those of the same gender or more than one gender. Discrimination against LGBTQ persons in the workplace is a significant factor in socioeconomic differences for LGBTQ persons (McGarrity, 2014). hZnI|E!xX.7nV9YFF!+BQFgh-xC9 3. 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. 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. WebHowever, when a provider discloses information about a patient, the provider usually must try to reveal as little private information as possible. 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. 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.. 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. People who are transgender or gender diverse include: Those who have a gender identity that differs from the sex assigned to them at birth. Copyright 2014-2023 HIPAA Journal. hbbd```b``V D@$? 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. A study of transgender adults in the United States found that participants were nearly 4 times more likely to have a household income of less than $10,000 per year compared to the general population. Therefore, it is not necessarily be the case that Covered Entities, Business Associates, and members of their respective workforces have a lack of understanding about what is considered Protected Health Information under HIPAA, but rather that patients need better educating about what HIPAA Protected Health Information is. In a perfect world, an explanation of what HIPAA Protected Health Information is would be covered in the Notice of Privacy Practices. 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. 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. 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. 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). doi:10.1007/s10964-011-9681-3, Thomeer, M. B. 137 0 obj <> endobj 57 0 obj <>/Filter/FlateDecode/ID[<7BDEBA77DC42DA4B991B6B17AE32E1AE>]/Index[27 58]/Info 26 0 R/Length 137/Prev 207744/Root 28 0 R/Size 85/Type/XRef/W[1 3 1]>>stream