is lgbtq status considered phi is lgbtq status considered phi

Washington, D.C. 20201 However, it is important to be aware that HIPAA provides a federal floor of privacy protections. Retrieved from http://www.endhomelessness.org/library/entry/national-recommended-best-practices-for-serving-lgbt-homeless-youth, Rosario, M., Schrimshaw, E. W., & Hunter, J. Badgett, M. V. L. (2012). 0 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. Gamarel, K. E., Reisner, S. L., Parsons, J. T., & Golub, S. A. 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). 0 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. The term family member includes lawful spouses and dependents of all lawful marriages. TRANSGENDER If the threats could be reasonably anticipated, covered entities and business associates have to implement measures to protect against the threats, or mitigate the consequences if the threats were to materialize. Those who identify and express their gender outside of the gender binary. Homelessness among lesbian, gay, and bisexual youth: Implications for subsequent internalizing and externalizing symptoms. Retrieved from http://www.hrc.org/state-maps/employment, Keuroghlian, A. S., Shtasel, D., & Bassuk, E. L. (2014). Before explaining these terms, it is useful to first explain what is meant by health information, of which protected health information is 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. If identifiers are removed, the health information is referred to as de-identified PHI. These terms are used to describe a persons sexual orientation or gender identity. 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. In addition to groups established for LBGT members, in the 21st century, many Greek letter organizations have become LGBT-friendly by adopting diversity and inclusivity statements. The adjective describes a person who does not experience sexual attraction. 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 There are numerous examples of what is not considered PHI under HIPAA. 100% of every HRC merchandise purchase fuels the fight for equality. 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. Among women 18-44 years of age, 29 percent of bisexual women and 23 percent of lesbians are living in poverty, compared to 21 percent of their heterosexual counterparts. 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? 3. Specifically, the rules create limited safeguards for all protected health information, which includes any information that relates to (1) a patients past, present or future physical or mental health or condition, (2) the provision of healthcare to the patient, or (3) payment for the patients healthcare. In most cases, this should mean that the provider cannot disclose a patients sexual orientation or Your Privacy Respected Please see HIPAA Journal privacy policy. 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? (2012). Toll Free Call Center: 1-800-368-1019 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. Some lesbians may prefer to identify as gay or as gay women. This depends on the federal law. Our community faces numerous health disparities, including higher rates of drug and alcohol use. is unnecessary and not the objective of the Privacy Rule. 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. 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. 'K`2 The following Greek letter organizations are gender-inclusive, meaning they accept males, females, trans, non-binary, etc. From relationships to parenthood, we can guide and connect you throughout your journey. People who are transgender or gender diverse include: Those who have a gender identity that differs from the sex assigned to them at birth. Webof LGBT persons remains legally permitted. 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. These groups are intended to provide members with access to Greek life without fear of homophobic reprisal or behavior by fellow members, resulting from a history of homophobia within longer-established organizations. 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. 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. 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). (2013). 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. The definition of family member in the Privacy Rule at 45 CFR 160.103 includes the terms spouse and marriage. 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. 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. 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. (2015, July 16). The new privacy rules regulate disclosure of a wide range of information about patients. hb```g``Z0 2 EY8V03.)~( EbWr[k.]O^iLBx>2N^`&3S\_pcLS4#[pq102L b^f&(=@ }# WebHIPAA Identifiers. (2013). The U.S. legal system does not prohibit discrimination on the basis of sexual orientation and gender identity in several states, including workplace discrimination. To find groups and events happening at The Center, visit our calendar of events, or sign up for our newsletter, Center Happenings, below. For professionals looking for internship opportunities with The Center to those looking to further their understanding of the LGBT community, find resources designed to enhance your professional experience. 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. $("#wpforms-form-28602 .wpforms-submit-container").appendTo(".submit-placement"); endstream endobj startxref 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. All covered entities and business associates are required to conduct frequent risk analyses in order to identify threats to the integrity of PHI. 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. Find more LGBTQ information and resources by visiting our resource center or by giving us a call at 212.620.7310. %PDF-1.6 % Get Insured - Affordable Care Act Resources for the LGBTQ Community. Retrieved from http://williamsinstitute.law.ucla.edu/wp-content/uploads/LGB-Poverty-Update Jun-2013.pdf, Badgett, M. V. L., & Schneebaum, A. 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. 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. Thus, SES is inherently related to the rights, quality of life, and general well-being of LGBTQ persons. WebHIPAA Identifiers. 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. > HIPAA Home 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. _'Q0X{rtW/Nfu/?7?6l&_j[/{V]WXbazq=8:_1~b3Z=y~r:(EOOf_?m`;zlG6WT^>}^\|{j1;WVxq1w'/g'Sto> Socioeconomic status as context for minority stress and health disparities among lesbian, gay, and bisexual individuals. If identifiers are removed, the health information is referred to as de-identified PHI. /* stream 47 percent of transgender individuals also reported being discriminated against in hiring, firing, and promotion; over 25 percent reported they had lost a job due to discrimination on the basis of their gender identity (Grant et al., 2011). 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. Regulatory Changes The following 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Names. Covered entities are allowed to disclose PHI for treatment, payment, and health care operations. However other federal laws exist that also protect health information in certain circumstances. 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. Following are LGBT-specific fraternities. One of the most common is students health information when it is created, received, maintained, or transmitted by a school or college; for although the school or college may qualify as a covered entity, students medical records are considered to be part of their educational records under FERPA. %PDF-1.6 % Any other non-health information included in the same record set assumes the same protections as the health information. open to any individual who identifies as a woman, regardless of the gender assigned at birth. 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. American Journal of Public Health, 102, 2094-2101. doi:10.2105/AJPH.2012.300668, Gattis, M. N. (2009).