is lgbtq status considered phi

Out on the street: A public health and policy agenda for lesbian, gay, bisexual, and transgender youth who are homeless. On the contrary, HIPAA specifically provides a mechanism for patients to indicate their wishes in these areas. The term marriage includes all lawful marriages. Yes. 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. Toll Free Call Center: 1-800-368-1019 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. These policies are openly shared and are specific, rather than general non-discrimination statements. 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. Similarly, any health information provided to any federal government agency is protected by the Privacy Act, while any health information maintained about a student by a school is protected by FERPA. 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. 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. For example, [emailprotected], Stillwater MN, and auto registration AYP 197 are not included in PHI when they are not maintained with health information. A woman whose enduring physical, romantic, and/or emotional attraction is to other women. %PDF-1.6 % The U.S. legal system does not prohibit discrimination on the basis of sexual orientation and gender identity in several states, including workplace discrimination. Steve is responsible for editorial policy regarding the topics covered on HIPAA Journal. By using this site, you agree to our use of cookies. In most cases, this should mean that the provider cannot disclose a patients sexual orientation or gender identity without the patients consent. Testimony on S.811, The Employment Non-Discrimination Act of 2011. QUEER The subject of the information and representatives of HHS Office of Civil Rights must have access to information when requested. hb```g``Z0 2 EY8V03.)~( EbWr[k.]O^iLBx>2N^`&3S\_pcLS4#[pq102L b^f&(=@ }# Cancel Any Time. 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. HHS Office for Civil Rights updates an Enforcement Highlights webpage on which it lists the compliance issues most often alleged in complaints in order of frequency. The Centers annual events are a time for celebration, joy, pride and connection. 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. BISEXUAL However, the next four items imply a lack of understanding about what is considered Protected Health Information under HIPAA: It is worth noting that, other than mandatory breach notifications, the most likely source of a complaint to HHS Office for Civil Rights is a patient. Sometimes lesbian is the preferred term for women. Washington, D.C. 20201 Any disclosure of HIPAA data (that qualifies as Protected Health Information) that is not permitted by the Privacy Rule or that is not authorized by the individual to whom the data relates is a violation of HIPAA. HIPAA should not be used as an excuse to deny rights to LGBTQ patients. 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). All geographical subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes. 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. In addition to the federal rules, information about patients may be protected in two other ways. HITECH News American Journal of Public Health, 102, 2094-2101. doi:10.2105/AJPH.2012.300668, Gattis, M. N. (2009). Retrieved from http://www.hrc.org/press/hrc-hails-historic-eeoc-ruling-on-employment-discrimination, Human Rights Campaign. Before explaining these terms, it is useful to first explain what is meant by health information, of which protected health information is 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. Those who identify and express their gender outside of the gender binary. (2017). National recommended best practices for serving LGBT homeless youth. In most cases, this should mean that the provider cannot disclose a patients sexual orientation or (2015, July 16). 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. All rights reserved. GAY 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). 185 0 obj <>stream 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. American Journal of Orthopsychiatry, 84, 66-72. doi:10.1037/h0098852, McGarrity, L. A. However other federal laws exist that also protect health information in certain circumstances. Sexual minority status and self-rated health: the importance of socioeconomic status, age, and sex. 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. The following 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Names. 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. 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. HIPAA should not be used as an excuse to deny rights to LGBTQ patients. 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. Those whose gender expression doesn't follow society's norms for the sex assigned to them at birth. Gamarel, K. E., Reisner, S. L., Parsons, J. T., & Golub, S. A. 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. For example, the Privacy Rule allows covered entities to share information about the patients care with family members in various circumstances. U.S. Department of Health & Human Services Research exploring the health, wellness, and safety concerns of sexual minority youth. 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. The FAQ may be found at: http://www.hhs.gov/hipaa/for-professionals/faq/2086/does-hipaa-privacy-rule-permit-doctor-discuss-patient-s-health-status.html. Raising the federal minimum wage would benefit LGBTQ individuals and couples in the United States. The Human Rights Campaign reports on news, events and resources of the. Retrieved from http://williamsinstitute.law.ucla.edu/wp-content/uploads/min-wage-simulation-april 2014.pdf, Durso, L. E., & Gates, G. J. This fact sheet includes some basic information about the federal privacy regulations, but the information is not comprehensive. The Center remains committed to addressing these challenges by providing you and your loved ones with LGBT-specific recovery services and support. 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. 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. www.hipaadvisory.com 0 There are numerous examples of what is not considered PHI under HIPAA. 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. Although the term combination is used, PHI can be a single item for example, a picture of a baby sent to a pediatrician. Our Resource Center is a comprehensive guide connecting you to a wide range of personal resources and professional opportunities. All covered entities and business associates are required to conduct frequent risk analyses in order to identify threats to the integrity of PHI. The federal rules do not free providers from their legal duties to comply with those more protective state laws. The Human Rights Campaign, All Rights Reserved. However, it is important to be aware that HIPAA provides a federal floor of privacy protections. For more information about when the Protected Health Information definition may not apply to a health care provider or health plan, please see The HIPAA Definition of Covered Entities Explained. First, it depends on whether an identifier is included in the same record set. doi:10.1007/s10964-011-9681-3, Thomeer, M. B. The 18 i dentifiers that are considered PHI are included in OHRPP Guidance & 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. HRC hails historic EEOC ruling on employment discrimination [Press release]. ASEXUAL For instance, such verbal agreement is usually required before disclosing information to a patients friends or family. The U.S. legal system does not prohibit discrimination on the basis of sexual orientation and gender identity in several states, including workplace discrimination. 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. People who are transgender or gender diverse include: Those who have a gender identity that differs from the sex assigned to them at birth. 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. 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. 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. (2012). The consequences of youth homelessness have many implications for the socioeconomic status of LGBTQ youth. %%EOF Aside from the confidentiality and disclosure of health information, the new federal rules describe a few related rights that patients may exercise: How can a patient complain if a provider has violated the privacy rules?