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. 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. For instance, such verbal agreement is usually required before disclosing information to a patients friends or family. %PDF-1.6 % To sign up for updates or to access your subscriber preferences, please enter your contact information below. First, it depends on whether an identifier is included in the same record set. PowerPoint presented at the American Psychological Association Fall Board Committee Meeting, Washington, DC. that is maintained in the same record set as individually identifiable information (i.e., a name, an address, a phone number, etc.). 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. People who are transgender or gender diverse include: Those who have a gender identity that differs from the sex assigned to them at birth. Thus, SES is inherently related to the rights, quality of life, and general well-being of LGBTQ persons. Low-income LGBTQindividuals and same-sex/gender couples have been found more likely to receive cash assistance and food stamps benefits compared to heterosexual individuals or couples. You'll receive email updates from HRC. HIPAA protects the privacy of individually identifiable health information via the provisions of the Privacy Rule. (2012). This depends on the federal law. Learn how you can support our work today! The 18 i dentifiers that are considered PHI are included in OHRPP Guidance & State maps of laws and policies: Employment. 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. American Journal of Public Health, 103, 881-888. doi:10.2105/AJPH.2012.301040. Our Resource Center is a comprehensive guide connecting you to a wide range of personal resources and professional opportunities. 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. In most cases, this should mean that the provider cannot disclose a patients sexual orientation or gender identity without the patients consent. Find more information on us and our work in About The Center. Grant, J. M., Mottet, L. A., Tanis, J., Harrison, J., Herman, J. L., & Keisling, M. (2011). WebLGBT fraternities and sororities have existed since the 1980s, with Delta Phi Upsilon being established in 1985 and Delta Lambda Phi in 1986. 'K`2 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. A woman whose enduring physical, romantic, and/or emotional attraction is to other women. All geographical subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes. 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. What rights do the new privacy rules grant to patients? 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. The definition of family member in the Privacy Rule at 45 CFR 160.103 includes the terms spouse and marriage. The privacy rules protect diagnostic information like a patients HIV status, information related to medical treatment like a patients family history, and other identifying information like a patients name, address or social security number. WebThis umbrella term includes people who have nonbinary, gender-fluid, or gender nonconforming identities. For as many ways as you can define family, The Center is here to provide support. The Human Rights Campaign uses cookies to improve your site experience. 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. 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. Although the term combination is used, PHI can be a single item for example, a picture of a baby sent to a pediatrician. 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. 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. 5. 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. Retrieved from http://williamsinstitute.law.ucla.edu/research/safe-schools-and-youth/serving-our-youth-july-2012/. Indeed, Emotional Support Animals are a good example of when non-health information can be both protected and non-protected depending on how information is maintained. 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. It is now more than twenty years since this Protected Health Information list was compiled and it is very out of date. (2012). 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. 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. Retrieved from http://www.hrc.org/press/hrc-hails-historic-eeoc-ruling-on-employment-discrimination, Human Rights Campaign. There are numerous examples of what is not considered PHI under HIPAA. 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. Although there could be thousands of Mr. Browns in New York, there is likely no more than a handful of Mr. Kwiatowskis in Crivitz, WI. Additional protections afforded by state laws: Second, some states have laws that provide additional protections for patients. LGBTQhomeless youth are more likely than their homeless heterosexual counterparts to have poorer mental and physical health outcomes, including major depressive disorders, PTSD and substance abuse (Keuroghlian, Shtasel, & Bassuk, 2014). $("#wpforms-form-28602 .wpforms-submit-container").appendTo(".submit-placement"); Discrimination against LGBT persons in the workplace is a significant factor in socioeconomic differences for LGBT persons (McGarrity, 2014). Following are LGBT-specific fraternities. An adjective used by some people whose sexual orientation is not exclusively heterosexual or straight. With regards to written authorizations, it is important to be aware that individuals have the right to revoke their authorizations at any time. First, it depends on whether an identifier is included in the same record set. 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 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. 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. PHI is an acronym of Protected Health Information, while PII is an acronym of Personally Identifiable Information. Section 3 of DOMA had provided that federal law would recognize only opposite-sex marriages. 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. Any gender information maintained or transmitted by an organization not covered by HIPAA is not PHI. Badgett, M. V. L. (2012). Fassinger, R. (2007, September). Human Rights Campaign. 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. Visit the. 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? 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. 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. Journal of Youth and Adolescence, 41, 544560. The U.S. legal system does not prohibit discrimination on the basis of sexual orientation and gender identity in several states, including workplace discrimination. Yes. 200 Independence Avenue, S.W. Information about sexual orientation and gender identity is an essential part of any medical history. > Guidance on HIPAA, Same-sex Marriage, and Sharing Information, HIPAA and Marriage: Understanding Spouse, Family Member, Marriage, and Personal Representatives in the Privacy Rule. Washington, D.C. 20201 WebEvidence indicates individuals who identify as lesbian, gay, bisexual, and/or transgender (LGBTQ) are especially susceptible to socioeconomic disadvantages. QUEER 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. 0 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 U.S. legal system does not prohibit discrimination on the basis of sexual orientation and gender identity in several states, including workplace discrimination. endstream endobj startxref These policies are openly shared and are specific, rather than general non-discrimination statements. Cancel Any Time. However, it is important to be aware that HIPAA provides a federal floor of privacy protections. By clicking "GO" below, you will be directed to a website operated by the Human Rights Campaign Foundation, an independent 501(c)(3) entity. The FAQ emphasizes that HIPAA does not limit any permitted disclosures based on the sex or gender identity of the recipient of the information. HIPAA should not be used as an excuse to deny rights to LGBTQ patients. Under HIPAA, PHI ceases to be PHI if it is stripped of all identifiers that can tie the information to an individual. TRANSGENDER endstream endobj startxref Studies indicate that between 11 percent and 45 percentof all homeless youth identify as LGBTQ(Durso & Gates, 2012; Gattis, 2009; Wells, 2009). Regulatory Changes Medical professionals generally agree that patients receive better medical care when they are able to be honest and open with their healthcare providers. New patterns of poverty in the lesbian, gay, and bisexual community. Not all intersex folks identify as being part of the LGBTQIA+ community. From LGBT-friendly hotels, bookstores and attractions to anonymous HIV testing sites, find out more about what NYC has to offer you. APA Policy Statements on Socioeconomic Status, Advancing psychology to benefit society and improve lives. 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). 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. As long as the information is collected from the patient, can be used to identify the patient, and is transmitted or maintained in some form by the healthcare provider or health plan, it is protected under the federal privacy rules.
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