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. 5. An adjective used by some people whose sexual orientation is not exclusively heterosexual or straight. 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. > For Professionals First, it depends on whether an identifier is included in the same record set. The adjective describes a person who does not experience sexual attraction. About LGBTI people and human rights | OHCHR Out on the street: A public health and policy agenda for lesbian, gay, bisexual, and transgender youth who are homeless. 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. Retrieved from http://www.hrc.org/press/hrc-hails-historic-eeoc-ruling-on-employment-discrimination, Human Rights Campaign. 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. Under HIPAA, PHI ceases to be PHI if it is stripped of all identifiers that can tie the information to an individual. This umbrella term includes people who have nonbinary, gender-fluid, or gender nonconforming identities. HRC hails historic EEOC ruling on employment discrimination [Press release]. If identifiers are removed, the health information is referred to as de-identified PHI. Webof LGBT persons remains legally permitted. > HIPAA Home 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. 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. Author: Steve Alder is the editor-in-chief of HIPAA Journal. Regulatory Changes Stay up to date on legislation and policies that explore and work to eliminate socioeconomic disparities. The Human Rights Campaign uses cookies to improve your site experience. Thank you for being our partner in serving and supporting the LGBT community. Research has shown that an increase in the minimum wage would reduce the poverty rate by 25 percent for same-sex/gender female couples and 30 percent for same-sex/gender male couples. 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. The federal privacy rules create certain protections against the disclosure of private information about patients, but those protections are not absolute. 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. Protected Health Information 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. There are numerous examples of what is not considered PHI under HIPAA. What kind of information is covered by the privacy rules? Thus, SES is inherently related to the rights, quality of life, and general well-being of LGBTQ persons. endstream endobj startxref Webof LGBT persons remains legally permitted. APA Policy Statements on Socioeconomic Status, Advancing psychology to benefit society and improve lives. WebHIPAA Identifiers. 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. 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. Many LGBTQ youth may also be rejected by their family of origin or caregivers and forced to leave the home as minors. 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. The term spouse includes all individuals who are in lawful marriages without regard to the sex of the individuals. People who are transgender or gender diverse include: Those who have a gender identity that differs from the sex assigned to them at birth. 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. 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. WebThis umbrella term includes people who have nonbinary, gender-fluid, or gender nonconforming identities. On this Wikipedia the language links are at the top of the page across from the article title. PowerPoint presented at the American Psychological Association Fall Board Committee Meeting, Washington, DC. Do not confuse having an intersex trait with being transgender. 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. LGBTQIA+ is an abbreviation for lesbian, gay, bisexual, transgender, queer or questioning, intersex, asexual, and more. Some transgender people are prescribed hormones by their doctors to bring their bodies into alignment with their gender identity. Before explaining these terms, it is useful to first explain what is meant by health information, of which protected health information is Yes. 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. LGBTQyouth experience homelessness at a disproportionate rate. 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. Delivered via email so please ensure you enter your email address correctly. For example, a personal representative of an individual is able to review and obtain a copy of the individuals medical record or authorize disclosures of protected health information. A woman whose enduring physical, romantic, and/or emotional attraction is to other women. %%EOF hbbd```b``:"& DYH`G0,f A M6i d6Y=XtGH@}L@JD: @ y Thus, SES is inherently related to the rights, quality of life, and general well-being of LGBTQ persons. What is Considered PHI Disclosing Your Sexual Orientation or Gender Identity Evidence indicates individuals who identify as lesbian, gay, bisexual, and/or transgender (LGBTQ) are especially susceptible to socioeconomic disadvantages. 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.) (2014). Mayo Clinic US EEOC US EEOC WebHIPAA Identifiers. Sexual Orientation and Gender Identity HIPAA 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. PHI HHS American Journal of Public Health, 102, 2094-2101. doi:10.2105/AJPH.2012.300668, Gattis, M. N. (2009). The new privacy rules regulate disclosure of a wide range of information about patients. In most cases, this should mean that the provider cannot disclose a patients sexual orientation or HIPAA and LGBTQ Healthcare Equality 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. 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.. 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. 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. You can unsubscribe at any time. 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. Your contributions make our work possible! WebHowever, when a provider discloses information about a patient, the provider usually must try to reveal as little private information as possible. It also generally requires covered entities to treat an individuals personal representative, who may be a spouse, as the individual, for purposes such as exercising the individuals rights under the Privacy Rule, including the right to access the individuals health information. Those whose gender expression doesn't follow society's norms for the sex assigned to them at birth. Retrieved from http://www.hrc.org/state-maps/employment, Keuroghlian, A. S., Shtasel, D., & Bassuk, E. L. (2014). WebThe core legal obligations of States with respect to protecting the human rights of LGBT people include obligations to: Protect individuals from homophobic and transphobic violence; Prevent torture and cruel, inhuman and degrading treatment; Repeal laws criminalizing same sex relations and transgender people Protected Health Information All other requests for access to information under HIPAA must be accompanied by a written authorization from the patient. 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. 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. In other words, there are many situations where a patients disclosures to a doctor may not remain confidential. However, when a provider discloses information about a patient, the provider usually must try to reveal as little private information as possible. Journal of Youth and Adolescence, 41, 544560. Covered entities are allowed to disclose PHI for treatment, payment, and health care operations. hb`````Z $e@@,&gY1e*b>|9! 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. Sometimes, when the Q is seen at the end of LGBT, it can also mean questioning. 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. 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. %%EOF 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.
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