is lgbtq status considered phi

Discrimination against LGBT persons in the workplace is a significant factor in socioeconomic differences for LGBT persons (McGarrity, 2014). 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. endstream endobj startxref 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. 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. All geographical subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes. The 18 i dentifiers that are considered PHI are included in OHRPP Guidance & WebHowever, when a provider discloses information about a patient, the provider usually must try to reveal as little private information as possible. 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. The following 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Names. 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). However, when a provider discloses information about a patient, the provider usually must try to reveal as little private information as possible. Most health care providers in the U.S., including private physicians offices and hospitals, must provide each patient with a description of the patients privacy rights during the patients first doctors visit after the rules became effective in mid-April 2003. Retrieved from http://williamsinstitute.law.ucla.edu/wp-content/uploads/LGB-Poverty-Update Jun-2013.pdf, Badgett, M. V. L., & Schneebaum, A. A Covered Entity may maintain multiple record sets about an individual (i.e., a patient or plan member), but individuals only have the right to access and request amendments to information maintained in designated record sets. Collecting Sexual Orientation and Gender Identity Information PowerPoint presented at the American Psychological Association Fall Board Committee Meeting, Washington, DC. PHI is an acronym of Protected Health Information, while PII is an acronym of Personally Identifiable Information. www.hipaadvisory.com The Centers annual events are a time for celebration, joy, pride and connection. Visit the. 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). Webof LGBT persons remains legally permitted. What kind of information is covered by the privacy rules? [CDATA[ */ var google_conversion_id = 998246761; var google_conversion_label = "QA9fCKfel4MBEOmSgNwD"; var google_remarketing_only = false; /* ]]> */. Get Insured - Affordable Care Act Resources for the LGBTQ Community. All covered entities and business associates are required to conduct frequent risk analyses in order to identify threats to the integrity of PHI. Author: Steve Alder is the editor-in-chief of HIPAA Journal. 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. Call us or submit your legal questions online. In most cases, this should mean that the provider cannot disclose a patients sexual orientation or To learn more, please read our Privacy Policy. Discrimination against LGBTQ persons in the workplace is a significant factor in socioeconomic differences for LGBTQ persons (McGarrity, 2014). 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. 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. 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. HIPAA should not be used as an excuse to deny rights to LGBTQ patients. If information relating to a patients Emotional Support Animal is maintained in a record set, it assumes the same protections as the patients health information. (2014). Informal verbal permission required: In other circumstances, a provider must give the patient an informal opportunity to object before sharing private information about the patient. inclusive of all men, regardless of assigned sex at birth. Suite 430 See below for a more detailed definition of each term, from GLAADs LGBTQ Media Reference Guide. HITECH News Know the laws in your state that protect LGBT people and people living with HIV. WebEvidence indicates individuals who identify as lesbian, gay, bisexual, and/or transgender (LGBTQ) are especially susceptible to socioeconomic disadvantages. 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. Raising the federal minimum wage would benefit LGBTQ individuals and couples in the United States. Thus, SES is inherently related to the rights, quality of life, and general well-being of LGBTQ persons. On this Wikipedia the language links are at the top of the page across from the article title. Retrieved from http://www.endhomelessness.org/library/entry/national-recommended-best-practices-for-serving-lgbt-homeless-youth, Rosario, M., Schrimshaw, E. W., & Hunter, J. 27 0 obj <> endobj %%EOF Find out more about both our rich history and vibrant presence in Arts & Culture. 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. 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. 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. 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. 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. The 18 i dentifiers that are considered PHI are included in OHRPP Guidance & WebHowever, when a provider discloses information about a patient, the provider usually must try to reveal as little private information as possible. 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 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. Mayo Clinic > For Professionals 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. Regulatory Changes The Canadian Journal of Human Sexuality, 18(4), 221-229. 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. Mayo Clinic Sexual Orientation and Gender Identity 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. Sexual Orientation and Gender Identity For example, the Privacy Rule allows covered entities to share information about the patients care with family members in various circumstances. It is quite simple to find out who an email address such as [emailprotected] belongs to by doing a little research on social media or using a reverse email lookup tool on the Internet. LGBT and LGBT-friendly fraternities and sororities People may experience this attraction in differing ways and degrees over their lifetime. is unnecessary and not the objective of the Privacy Rule. This fact sheet includes some basic information about the federal privacy regulations, but the information is not comprehensive. If identifiers are removed, the health information is referred to as de-identified PHI. 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 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. This is a 'list of LGBT and LGBT-friendly fraternities and sororities. 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 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. 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. (2013). The Human Rights Campaign, All Rights Reserved. 3. All rights reserved. QUEER 5. 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.) First, it depends on whether an identifier is included in the same record set. 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? 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. PII is Personally Identifiable Information that is used outside a healthcare context, while PHI (Protected Health Information) and IIHA (Individually Identifiable Health Information) is the same information used within a healthcare context. Before explaining these terms, it is useful to first explain what is meant by health information, of which protected health information is If a patient believes that a healthcare provider has violated the privacy rules, the patient may either (1) file a written complaint with the Department of Health and Human Services (HHS) within 180 days of the violation, or (2) file a complaint with the provider. American Journal of Orthopsychiatry, 84, 66-72. doi:10.1037/h0098852, McGarrity, L. A. 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. When can a healthcare provider use or disclose information regarding her patients health condition, sexual orientation or gender identity? Several factors that can help improve outcomes for LGBTQ+ young people include: Addressing LGBTQ+-related stigma, discrimination, and violence. Subject to limited exceptions, the Privacy Rule at 45 CFR 164.502(g) requires covered entities to treat an individuals personal representative as the individual with respect to uses and disclosures of the individuals protected health information and for purposes of exercising the individuals rights under the Privacy Rule. Find more information on us and our work in About The Center. Breach News HIPAA and LGBTQ Healthcare Equality Medical professionals generally agree that patients receive better medical care when they are able to be honest and open with their healthcare providers. 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. 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. Your generosity helps The Center provide vital programs and services to support our evolving LGBT community. What is Considered PHI Under HIPAA U.S. Department of Health & Human Services The Center hosts more than 15,000 events and activities every year. is Considered Protected Health Information Under HIPAA The definition of designated record sets appears in the introduction to the Privacy Rule in 45 CFR 164.501. 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. First, it depends on whether an identifier is included in the same record set. 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 Thus, SES is inherently related to the rights, quality of life, and general well-being of LGBTQ persons. Yes. 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. Youth Retrieved from http://www.hrc.org/state-maps/employment, Keuroghlian, A. S., Shtasel, D., & Bassuk, E. L. (2014). Grant, J. M., Mottet, L. A., Tanis, J., Harrison, J., Herman, J. L., & Keisling, M. (2011). Under HIPAA, PHI ceases to be PHI if it is stripped of all identifiers that can tie the information to an individual. Prior research has shown that LGBTQ people and same-sex/gender couples are more vulnerable to conditions of poverty as compared to heterosexual people and couples (Badgett, Durso, & Schneebaum, 2013; Grant et al., 2011). Your Privacy Respected Please see HIPAA Journal privacy policy. LESBIAN Studies on LGBTQ youth reveal the following: Although the U.S. Supreme Court ruled in 2015 that states must issue marriage licenses to same-sex couples and recognize same-sex unions that have been legally performed in other states, legal barriers continue to exist. Gamarel, K. E., Reisner, S. L., Parsons, J. T., & Golub, S. A. Additionally, any information maintained in the same designated record set as the individually identifiable health information that could be used to identify the individual is also protected. Protected Health Information is health information (i.e., a diagnosis, a test result, an x-ray, etc.) Protected Health Information /* What is Considered PHI Protected Health Information QUESTIONING 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. The following 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Privacy In most cases, this should mean that the provider cannot disclose a patients sexual orientation or gender identity without the patients consent. HIPAA To find groups and events happening at The Center, visit our calendar of events, or sign up for our newsletter, Center Happenings, below. 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. }); Show Your Employer You Have Completed The Best HIPAA Compliance Training Available With ComplianceJunctions Certificate Of Completion, Learn about the top 10 HIPAA violations and the best way to prevent them, Avoid HIPAA violations due to misuse of social media, The HIPAA Definition of Covered Entities Explained, Losses to Phishing Attacks Increased by 76% in 2022, Biden Administration Announces New National Cybersecurity Strategy, Settlement Reached in Preferred Home Care Data Breach Lawsuit, BetterHelp Settlement Agreed with FTC to Resolve Health Data Privacy Violations, Amazon Completes Acquisition of OneMedical Amid Concern About Uses of Patient Data, Impermissible uses and disclosures of PHI, Lack of safeguards for (non-electronic) PHI, Failures to provide patient access to PHI, Lack of Administrative Safeguards for electronic PHI, Is created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse; and. WebThis umbrella term includes people who have nonbinary, gender-fluid, or gender nonconforming identities.