Thank you for being our partner in serving and supporting the LGBT community. PHI 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. SEXUAL ORIENTATION, GENDER IDENTITY Importantly, this also includes any data relating to a family member, friend, or employer that could identify the individual. On the contrary, HIPAA specifically provides a mechanism for patients to indicate their wishes in these areas. By using this site, you agree to our use of cookies. Those whose gender expression doesn't follow society's norms for the sex assigned to them at birth. Protected Health Information The Centers annual events are a time for celebration, joy, pride and connection. 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. About LGBTI people and human rights | OHCHR What is Considered PHI Under HIPAA A person who can form enduring physical, romantic, and/or emotional attractions to those of the same gender or more than one gender. LGBTQyouth experience homelessness at a disproportionate rate. 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. In a perfect world, an explanation of what HIPAA Protected Health Information is would be covered in the Notice of Privacy Practices. 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). The Center remains committed to addressing these challenges by providing you and your loved ones with LGBT-specific recovery services and support. www.hipaadvisory.com This is interesting because HIPAA defines health information as above but would appear to state it is HIPAA information when created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse. 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. HIPAA The federal privacy rules create certain protections against the disclosure of private information about patients, but those protections are not absolute. Discrimination against LGBT persons in the workplace is a significant factor in socioeconomic differences for LGBT persons (McGarrity, 2014). Psychology of Sexual Orientation and Gender Diversity, 1, 383-397. doi:10.1037/sgd0000067, National Alliance to End Homelessness. What is Considered PHI Under HIPAA These policies are openly shared and are specific, rather than general non-discrimination statements. 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. This is a 'list of LGBT and LGBT-friendly fraternities and sororities. BISEXUAL The Human Rights Campaign reports on news, events and resources of the. Those who identify and express their gender outside of the gender binary. 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. LvIK`(&HC R0d`vL_@q$[+"_H@T&30:?0 * (2013). Information about sexual orientation and gender identity is an essential part of any medical history. 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 See below for a more detailed definition of each term, from GLAADs LGBTQ Media Reference Guide. Defining LGBTQIA+ - The Lesbian, Gay, Bisexual & Transgender The FAQ emphasizes that HIPAA does not limit any permitted disclosures based on the sex or gender identity of the recipient of the information. 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. endstream endobj startxref endstream endobj 138 0 obj <. People who are transgender or gender diverse include: Those who have a gender identity that differs from the sex assigned to them at birth. 2. Journal of Youth and Adolescence, 41, 544560. $("#wpforms-form-28602 .wpforms-submit-container").appendTo(".submit-placement"); American Journal of Orthopsychiatry, 84, 66-72. doi:10.1037/h0098852, McGarrity, L. A. Studies indicate that between 11 percent and 45 percentof all homeless youth identify as LGBTQ(Durso & Gates, 2012; Gattis, 2009; Wells, 2009). US EEOC (2014). The U.S. legal system does not prohibit discrimination on the basis of sexual orientation and gender identity in several states, including workplace discrimination. Those who identify and express their gender outside of the gender binary. 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. Under HIPAA, PHI ceases to be PHI if it is stripped of all identifiers that can tie the information to an individual. Find more LGBTQ information and resources by visiting our resource center or by giving us a call at 212.620.7310. 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 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. Stay up to date on legislation and policies that explore and work to eliminate socioeconomic disparities. The U.S. legal system does not prohibit discrimination on the basis of sexual orientation and gender identity in several states, including workplace discrimination. GAY 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. 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. 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. 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). > Guidance on HIPAA, Same-sex Marriage, and Sharing Information, HIPAA and Marriage: Understanding Spouse, Family Member, Marriage, and Personal Representatives in the Privacy Rule. 0 INTERSEX All geographical subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes. Retrieved from http://williamsinstitute.law.ucla.edu/research/workplace/testimony-s811-061212/, Badgett, M. V. L., Durso, L. E., & Schneebaum, A. Sometimes shortened to ace, it is an umbrella term that can also include people who are demisexual, meaning they do experience some sexual attraction; graysexual, meaning those who may not fit the strictest definition of the word asexual; and aromantic, meaning they experience little to no romantic attraction and/or has little to no desire to form romantic relationships. 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. PHI is an acronym of Protected Health Information, while PII is an acronym of Personally Identifiable Information. > Special Topics LGBTQ community rejects false association with (2012). 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. 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). LGBTQ community rejects false association with 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. About LGBTI people and human rights | OHCHR 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. What rights do the new privacy rules grant to patients? An adjective used by some people whose sexual orientation is not exclusively heterosexual or straight. 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. Toll Free Call Center: 1-800-368-1019 If identifiers are removed, the health information is referred to as de-identified PHI. What is Considered PHI Retrieved from http://www.hrc.org/state-maps/employment, Keuroghlian, A. S., Shtasel, D., & Bassuk, E. L. (2014). Section 3 of DOMA had provided that federal law would recognize only opposite-sex marriages. You'll receive email updates from HRC. 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. endstream endobj startxref 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. 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 following 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Privacy People under the transgender umbrella may describe themselves using one or more of a wide variety of terms including transgender or nonbinary. Many LGBTQ youth may also be rejected by their family of origin or caregivers and forced to leave the home as minors. 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. 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. Any gender information maintained or transmitted by an organization not covered by HIPAA is not PHI. 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. WebThis umbrella term includes people who have nonbinary, gender-fluid, or gender nonconforming identities. 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. WebHIPAA Identifiers. Steve is responsible for editorial policy regarding the topics covered on HIPAA Journal. 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. WebHowever, when a provider discloses information about a patient, the provider usually must try to reveal as little private information as possible. SEXUAL ORIENTATION, GENDER IDENTITY 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. inclusive of all men, regardless of assigned sex at birth. 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. 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. 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. Mayo Clinic 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. An individuals socioeconomic position may also be related to experiences of discrimination. Sometimes lesbian is the preferred term for women. 4QyIyYEe]JQZ]Q)= TLFZU%b\2Z;~;9z=_+z>klyW'OOg}^?~=]^nZc(NP Sexual minority status and self-rated health: the importance of socioeconomic status, age, and sex. 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. 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. 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. HITECH News > HIPAA Home Psychosocial problems associated with homelessness in sexual minority youths. For example, the Privacy Rule allows covered entities to share information about the patients care with family members in various circumstances. 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. Sexual Orientation and Gender Identity 'K`2 Eighteen states have no laws prohibiting workplace discrimination against LGBTQpeople (Human Rights Campaign, 2015). US EEOC The impact of a higher minimum wage on poverty among same-sex couples. Do not confuse having an intersex trait with being transgender. The consequences of youth homelessness have many implications for the socioeconomic status of LGBTQ youth. LESBIAN Injustice at every turn: A report of the National Transgender Discrimination Survey. Following are LGBT-specific sororities and women's fraternities. However, it is important to be aware that HIPAA provides a federal floor of privacy protections. The following 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Names. Status Collecting Sexual Orientation and Gender Identity Information (2013). 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. LGBT and LGBT-friendly fraternities and sororities (2015, July 16). %PDF-1.6 % WebLGBT fraternities and sororities have existed since the 1980s, with Delta Phi Upsilon being established in 1985 and Delta Lambda Phi in 1986. Youth US EEOC WebHIPAA Identifiers. Our community faces numerous health disparities, including higher rates of drug and alcohol use. Breach News 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. 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. 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. 27 0 obj <> endobj LGBT and LGBT-friendly fraternities and sororities The law respects the patients wishes on matters of privacy and confidentiality. WebHowever, when a provider discloses information about a patient, the provider usually must try to reveal as little private information as possible. Homelessness among lesbian, gay, and bisexual youth: Implications for subsequent internalizing and externalizing symptoms. 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. 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. Your attendance and support helps make our work possible and furthers the connection that you have with the community. doi:10.1007/s10964-011-9681-3, Thomeer, M. B. For as many ways as you can define family, The Center is here to provide support. 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. HIPAA should not be used as an excuse to deny rights to LGBTQ patients. Yes. 2023 Lesbian & Gay Community Services Center, Inc. Bureau of General Services Queer Division. 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. It is because of scenarios such as this that there is no list of Protected Health Information. 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. The following fraternities and sororities have adopted LGBTQ-inclusive policies at the national or institutional level. In most cases, this should mean that the provider cannot disclose a patients sexual orientation or Washington, DC: National Center for Transgender Equality and National Gay and Lesbian Task Force. 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.