> For Professionals > Guidance on HIPAA, Same-sex Marriage, and Sharing Information, HIPAA and Marriage: Understanding Spouse, Family Member, Marriage, and Personal Representatives in the Privacy Rule. Studies indicate that between 11 percent and 45 percentof all homeless youth identify as LGBTQ(Durso & Gates, 2012; Gattis, 2009; Wells, 2009). State maps of laws and policies: Employment. 'K`2 WebHIPAA Identifiers. 163 0 obj
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People who are transgender or gender diverse include: Those who have a gender identity that differs from the sex assigned to them at birth. All rights reserved. LGBTQ community rejects false association with 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 fraternities and sororities have adopted LGBTQ-inclusive policies at the national or institutional level. The U.S. legal system does not prohibit discrimination on the basis of sexual orientation and gender identity in several states, including workplace discrimination. 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 U.S. legal system does not prohibit discrimination on the basis of sexual orientation and gender identity in several states, including workplace discrimination. U.S. Department of Health & Human Services The 18 i dentifiers that are considered PHI are included in OHRPP Guidance & PHI is an acronym of Protected Health Information, while PII is an acronym of Personally Identifiable Information. 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. Disclosing Your Sexual Orientation or Gender Identity 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. HIPAA and LGBTQ Healthcare Equality 100% of every HRC merchandise purchase fuels the fight for equality. These barriers, including workplace and housing discrimination, can result in increasing SES disparities for LGBTQ persons and families. A lawful marriage is any marriage sanctioned by a state, territory, or a foreign jurisdiction as long as a U.S. jurisdiction would also recognize the marriage performed in the foreign jurisdiction. Many LGBTQ youth may also be rejected by their family of origin or caregivers and forced to leave the home as minors. Sometimes lesbian is the preferred term for women. No permission required:> In a variety of other circumstances, a healthcare provider may disclose information about a patient without the patients consent. Youth PHI hZnI|E!xX.7nV9YFF!+BQFgh-xC9 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. If identifiers are removed, the health information is referred to as de-identified PHI. endstream
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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. First, it depends on whether an identifier is included in the same record set. Collecting Sexual Orientation and Gender Identity Information Your attendance and support helps make our work possible and furthers the connection that you have with the community. The term spouse includes all individuals who are in lawful marriages without regard to the sex of the individuals. HIPAA Advice, Email Never Shared To learn more, please read our Privacy Policy. Find more LGBTQ information and resources by visiting our resource center or by giving us a call at 212.620.7310. (2015, July 16). The adjective describes people whose enduring physical, romantic, and/or emotional attractions are to people of the same sex. Under HIPAA, PHI ceases to be PHI if it is stripped of all identifiers that can tie the information to an individual. WebHowever, when a provider discloses information about a patient, the provider usually must try to reveal as little private information as possible. 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. HRC hails historic EEOC ruling on employment discrimination [Press release]. 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. 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. endstream
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<. Journal of Youth and Adolescence, 41, 544560. Status In addition to the federal rules, information about patients may be protected in two other ways. Mayo Clinic Are there any other ways that private information about a patients health condition, sexual orientation or gender identity can be protected against disclosure by a healthcare provider? From LGBT-friendly hotels, bookstores and attractions to anonymous HIV testing sites, find out more about what NYC has to offer you. The following 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Privacy Our career development programs are tailored to the unique needs of LGBT job-seekers. In other words, there are many situations where a patients disclosures to a doctor may not remain confidential. 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. Toll Free Call Center: 1-800-368-1019 PHI American Journal of Public Health, 103, 881-888. doi:10.2105/AJPH.2012.301040. This field is for validation purposes and should be left unchanged. 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. If identifiers are removed, the health information is referred to as de-identified PHI. Retrieved from http://williamsinstitute.law.ucla.edu/research/workplace/testimony-s811-061212/, Badgett, M. V. L., Durso, L. E., & Schneebaum, A. 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. Under HIPAA, PHI ceases to be PHI if it is stripped of all identifiers that can tie the information to an individual. Authorized personnel and certain organizations can have access to information under HIPAA if it involves a permissible use or disclosure as defined by the Privacy Rule. Retrieved from http://www.hrc.org/state-maps/employment, Keuroghlian, A. S., Shtasel, D., & Bassuk, E. L. (2014). is Considered Protected Health Information Under HIPAA 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. 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. Protected Health Information is health information (i.e., a diagnosis, a test result, an x-ray, etc.) To sign up for updates or to access your subscriber preferences, please enter your contact information below. 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. For example, many states broadly prohibit healthcare providers and laboratories from disclosing patients HIV test results except in certain circumstances. Your Privacy Respected Please see HIPAA Journal privacy policy. About LGBTI people and human rights | OHCHR An adjective used by some people whose sexual orientation is not exclusively heterosexual or straight. 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. This is because, when taking the four definitions into account, it is easier to determine what information is protected under HIPAA and when. 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. Defining LGBTQIA+ - The Lesbian, Gay, Bisexual & Transgender WebHIPAA Identifiers. 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. LGBTQIA+ is an abbreviation for lesbian, gay, bisexual, transgender, queer or questioning, intersex, asexual, and more. 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. Wells, K. (2009). This guidance also updates and expands on related guidance issued in September 2014. A woman whose enduring physical, romantic, and/or emotional attraction is to other women. This term describes someone who is questioning their sexual orientation or gender identity. (2017). %%EOF
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. Mayo Clinic 3. 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. The federal rules do not free providers from their legal duties to comply with those more protective state laws. The term marriage includes all lawful marriages. 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. 2. LGBT and LGBT-friendly fraternities and sororities HIPAA is a 1996 federal law that is intended to improve the portability and continuity of health insurance coverage and to establish national health information privacy standards. There are numerous examples of what is not considered PHI under HIPAA. 137 0 obj
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Before explaining these terms, it is useful to first explain what is meant by health information, of which protected health information is The definition of designated record sets appears in the introduction to the Privacy Rule in 45 CFR 164.501. Thus, SES is inherently related to the rights, quality of life, and general well-being of LGBTQ persons. Those who identify and express their gender outside of the gender binary. (2012). 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. 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. HIPAA should not be used as an excuse to deny rights to LGBTQ patients. Comfortable dialogue about a patients identity and relationships can help to focus a providers inquiries, personalize professional advice and assistance, and generate an overall higher quality of care. First, it depends on whether an identifier is included in the same record set. 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. Delivered via email so please ensure you enter your email address correctly.
Our Resource Center is a comprehensive guide connecting you to a wide range of personal resources and professional opportunities. The following 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Names. The Canadian Journal of Human Sexuality, 18(4), 221-229. Disclosing Your Sexual Orientation or Gender Identity If the patient files a complaint with HHS, and HHS agrees that the rules have been violated, HHS may impose a fine on the provider or, in rare cases, pursue criminal charges. Eighteen states have no laws prohibiting workplace discrimination against LGBTQpeople (Human Rights Campaign, 2015). US EEOC 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. 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. The definition of family member in the Privacy Rule at 45 CFR 160.103 includes the terms spouse and marriage. What rights do the new privacy rules grant to patients? 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.
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Discrimination against LGBT persons in the workplace is a significant factor in socioeconomic differences for LGBT persons (McGarrity, 2014). PHI is an acronym of Protected Health Information, while PII is an acronym of Personally Identifiable Information. Know the laws in your state that protect LGBT people and people living with HIV. Webof LGBT persons remains legally permitted. Those whose gender expression doesn't follow society's norms for the sex assigned to them at birth. One of the primary reasons for HIPAA-related complaints to HHS Office for Civil Rights is a lack of understanding about what is considered Protected Health Information under HIPAA.