is lgbtq status considered phi is lgbtq status considered phi

The U.S. legal system does not prohibit discrimination on the basis of sexual orientation and gender identity in several states, including workplace discrimination. Consider SES in your education, practice, and research efforts. 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. The law respects the patients wishes on matters of privacy and confidentiality. 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 following fraternities and sororities have adopted LGBTQ-inclusive policies at the national or institutional level. Know the laws in your state that protect LGBT people and people living with HIV. 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. Sexual Orientation and Gender Identity 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. Copyright 2014-2023 HIPAA Journal. 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. 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. 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. Under HIPAA, PHI is considered to be any combination of health information and PHI identifier(s) created, received, maintained, or transmitted by a covered entity. 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. The HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. See below for a more detailed definition of each term, from GLAADs LGBTQ Media Reference Guide. Covered entities are allowed to disclose PHI for treatment, payment, and health care operations. 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. Fassinger, R. (2007, September). 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. Cancel Any Time. 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. The definition of designated record sets appears in the introduction to the Privacy Rule in 45 CFR 164.501. 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. In addition, the terms marriage, spouse, and family member apply to all individuals who are legally married, regardless of where they live or receive health care services. HIPAA Advice, Email Never Shared /* A lack of acceptance and fear of persecution can lead many LGBTQ youth to leave their homes and live in transitional housing or on the streets. Human Rights Campaign. Protected Health Information In most cases, this should mean that the provider cannot disclose a patients sexual orientation or Mayo Clinic What is Considered PHI Under HIPAA Several factors that can help improve outcomes for LGBTQ+ young people include: Addressing LGBTQ+-related stigma, discrimination, and violence. 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. %PDF-1.6 % jQuery( document ).ready(function($) { Many of these organizations are not HIPAA covered entities and therefore not required to comply with HIPAA. First, it depends on whether an identifier is included in the same record set. Although PHI is the more commonly used acronym in HIPAA, both PHI and IIHI are protected by the Privacy and Security Rules because they mean exactly the same thing. However, when a provider discloses information about a patient, the provider usually must try to reveal as little private information as possible. > For Professionals 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. Thank you for being our partner in serving and supporting the LGBT community. HIPAA should not be used as an excuse to deny rights to LGBTQ patients. All geographical subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes. Not all intersex folks identify as being part of the LGBTQIA+ community. 185 0 obj <>stream National recommended best practices for serving LGBT homeless youth. 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. endstream endobj startxref You can unsubscribe at any time. Washington, D.C. 20201 New patterns of poverty in the lesbian, gay, and bisexual community. 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. Sexual Orientation and Gender Identity The term family member includes lawful spouses and dependents of all lawful marriages. Studies indicate that between 11 percent and 45 percentof all homeless youth identify as LGBTQ(Durso & Gates, 2012; Gattis, 2009; Wells, 2009). PHI SEXUAL ORIENTATION, GENDER IDENTITY 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). APA Policy Statements on Socioeconomic Status, Advancing psychology to benefit society and improve lives. 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. To best understand what is considered Protect Health Information under HIPAA it is necessary to review not only the definition of Protected Health Information under HIPAA in 45 CFR 160.103, but also the definitions of health information, individually identifiable health information, and designated record set. (2015, July 16). The adjective describes a person who does not experience sexual attraction. is Considered Protected Health Information Under HIPAA 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. 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. Raising the federal minimum wage would benefit LGBTQ individuals and couples in the United States. 100% of every HRC merchandise purchase fuels the fight for equality. About LGBTI people and human rights | OHCHR into their membership. 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. WebThis umbrella term includes people who have nonbinary, gender-fluid, or gender nonconforming identities. Get Insured - Affordable Care Act Resources for the LGBTQ Community. Disclosing Your Sexual Orientation or Gender Identity State maps of laws and policies: Employment. However, it is important to be aware that HIPAA provides a federal floor of privacy protections. SEXUAL ORIENTATION, GENDER IDENTITY Youth 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. LGBT and LGBT-friendly fraternities and sororities LESBIAN 4QyIyYEe]JQZ]Q)= TLFZU%b\2Z;~;9z=_+z>klyW'OOg}^?~=]^nZc(NP WebLGBT fraternities and sororities have existed since the 1980s, with Delta Phi Upsilon being established in 1985 and Delta Lambda Phi in 1986. 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. 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. WebHIPAA Identifiers. Your generosity helps The Center provide vital programs and services to support our evolving LGBT community. Mayo Clinic Retrieved from http://www.hrc.org/state-maps/employment, Keuroghlian, A. S., Shtasel, D., & Bassuk, E. L. (2014). It is because of scenarios such as this that there is no list of Protected Health Information. c:u|3X]~+n*lrrssVfpj=>q'hzk:~c8 }5DOGZea$ Xg~k>}=UP|No!ELT0X7qH03. 5221 Paramount Parkway In other words, there are many situations where a patients disclosures to a doctor may not remain confidential. In most cases, this should mean that the provider cannot disclose a patients sexual orientation or Under the Public Health Service Act, any health information provided to a family planning agency is protected even if the family planning agency is not a HIPAA Covered Entity. Those whose gender expression doesn't follow society's norms for the sex assigned to them at birth. HIPAA should not be used as an excuse to deny rights to LGBTQ patients. PHI is an acronym of Protected Health Information, while PII is an acronym of Personally Identifiable Information. The Center is a hub for LGBTQ community organizing and innovation, a catalyst for progressive social change and a provider of critical services for the LGBTQ community. Disclosing Your Sexual Orientation or Gender Identity Author: Steve Alder is the editor-in-chief of HIPAA Journal. 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. Under HIPAA, PHI ceases to be PHI if it is stripped of all identifiers that can tie the information to an individual. WebThis umbrella term includes people who have nonbinary, gender-fluid, or gender nonconforming identities. 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. Socioeconomic status as context for minority stress and health disparities among lesbian, gay, and bisexual individuals. 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. (2012). 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. 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. > Guidance on HIPAA, Same-sex Marriage, and Sharing Information, HIPAA and Marriage: Understanding Spouse, Family Member, Marriage, and Personal Representatives in the Privacy Rule. Collecting Sexual Orientation and Gender Identity Information WebHowever, when a provider discloses information about a patient, the provider usually must try to reveal as little private information as possible. The Center remains committed to addressing these challenges by providing you and your loved ones with LGBT-specific recovery services and support. Webof LGBT persons remains legally permitted. 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. Before explaining these terms, it is useful to first explain what is meant by health information, of which protected health information is PHI 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. Do not confuse having an intersex trait with being transgender. All covered entities and business associates are required to conduct frequent risk analyses in order to identify threats to the integrity of PHI. 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. Sexual Orientation and Gender Identity Youth If identifiers are removed, the health information is referred to as de-identified PHI. HIPAA and LGBTQ Healthcare Equality Retrieved from http://williamsinstitute.law.ucla.edu/research/safe-schools-and-youth/serving-our-youth-july-2012/. HIPAA Since 1983 The Center has been supporting, fostering and celebrating the LGBT community of New York City. > HIPAA Home 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. When do medical providers have to tell patients about their privacy rights? What is Considered PHI However, if it is maintained in a separate database that does not contain health information (i.e., to accommodate transport requirements) it is not protected. Under HIPAA, PHI ceases to be PHI if it is stripped of all identifiers that can tie the information to an individual. Testimony on S.811, The Employment Non-Discrimination Act of 2011. 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.) Consequently, in order to reduce the number of complaints to HHS Office for Civil Rights, it is advisable for Covered Entities and Business Associates to ensure all members of the workforce have a thorough understanding of what is considered Protected Health Information under HIPAA not only to answer patients questions, but also to carry out their functions within the Covered Entity or Business Associate in compliance with HIPAA. For example, the Privacy Rule allows covered entities to share information about the patients care with family members in various circumstances. Section 3 of DOMA had provided that federal law would recognize only opposite-sex marriages. GAY 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. The following 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Names. Your attendance and support helps make our work possible and furthers the connection that you have with the community. People who are transgender or gender diverse include: Those who have a gender identity that differs from the sex assigned to them at birth. When can a healthcare provider use or disclose information regarding her patients health condition, sexual orientation or gender identity? Psychosocial problems associated with homelessness in sexual minority youths. Discrimination against LGBT persons in the workplace is a significant factor in socioeconomic differences for LGBT persons (McGarrity, 2014). 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. 3. HHS WebLGBT fraternities and sororities have existed since the 1980s, with Delta Phi Upsilon being established in 1985 and Delta Lambda Phi in 1986. Two years later, on June 26, 2015, in Obergefell v. Hodges, the Court held that the Fourteenth Amendment requires a state to license a marriage between two people of the same sex and to recognize same-sex marriages lawfully performed in other States. 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. About LGBTI people and human rights | OHCHR %PDF-1.6 % LGBT and LGBT-friendly fraternities and sororities 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 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). Learn how you can support our work today! (2012). Discrimination against LGBTQ persons in the workplace is a significant factor in socioeconomic differences for LGBTQ persons (McGarrity, 2014). In conclusion, there is no doubt that understanding what is considered Protected Health Information under HIPAA can be complicated; but, by identifying what is Protected Health Information and what isnt and knowing when protections are applied to non-health information and when they are not Covered Entities and Business Associates can accelerate the flow of information and reduce the number of unjustified complaints by patients to HSS Office for Civil Rights. Badgett, M. V. L. (2012). 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. Suite 430 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. What is Considered PHI A woman whose enduring physical, romantic, and/or emotional attraction is to other women. $("#wpforms-form-28602 .wpforms-submit-container").appendTo(".submit-placement"); This term describes someone who is questioning their sexual orientation or gender identity. For as many ways as you can define family, The Center is here to provide support. Collecting Sexual Orientation and Gender Identity Information Defining LGBTQIA+ - The Lesbian, Gay, Bisexual & Transgender Mayo Clinic