The term spouse includes all individuals who are in lawful marriages without regard to the sex of the individuals. 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. Sometimes shortened to ace, it is an umbrella term that can also include people who are demisexual, meaning they do experience some sexual attraction; graysexual, meaning those who may not fit the strictest definition of the word asexual; and aromantic, meaning they experience little to no romantic attraction and/or has little to no desire to form romantic relationships. The HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. Those whose gender expression doesn't follow society's norms for the sex assigned to them at birth. Our career development programs are tailored to the unique needs of LGBT job-seekers. Fassinger, R. (2007, September). For example, HIPAA laws protect health information relating to an individuals past, present, or future physical or mental health condition, treatment for the condition, and payment for treatment. Several factors that can help improve outcomes for LGBTQ+ young people include: Addressing LGBTQ+-related stigma, discrimination, and violence. 4QyIyYEe]JQZ]Q)= TLFZU%b\2Z;~;9z=_+z>klyW'OOg}^?~=]^nZc(NP 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. Washington, D.C. 20201 As an added layer of protection, legal experts advise that patients express their wishes regarding hospital visitation, medical decision-making and other health issues by completing advanced healthcare directives. 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 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. People under the transgender umbrella may describe themselves using one or more of a wide variety of terms including transgender or nonbinary. c:u|3X]~+n*lrrssVfpj=>q'hzk:~c8 }5DOGZea$ Xg~k>}=UP|No!ELT0X7qH03. 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.. The following 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Privacy 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. These terms are used to describe a persons sexual orientation or gender identity. 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. You can unsubscribe at any time. Find more information on us and our work in About The Center. What kind of information is covered by the privacy rules? 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. First, it depends on whether an identifier is included in the same record set. When can a healthcare provider use or disclose information regarding her patients health condition, sexual orientation or gender identity? Morrisville, NC 27560. Although the term combination is used, PHI can be a single item for example, a picture of a baby sent to a pediatrician. 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. > Guidance on HIPAA, Same-sex Marriage, and Sharing Information, HIPAA and Marriage: Understanding Spouse, Family Member, Marriage, and Personal Representatives in the Privacy Rule. (2017). 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. The plus is used to signify all of the gender identities and sexual orientations thatletters and words cannot yet fully describe. 0 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. Any other non-health information included in the same record set assumes the same protections as the health information. Lesbian, Gay, Bisexual, and Transgender Office on Socioeconomic Status (OSES) website. Many of these organizations are not HIPAA covered entities and therefore not required to comply with HIPAA. hb`````Z $e@@,&gY1e*b>|9! ASEXUAL This umbrella term includes people who have nonbinary, gender-fluid, or gender nonconforming identities. You'll receive email updates from HRC. Discrimination against LGBT persons in the workplace is a significant factor in socioeconomic differences for LGBT persons (McGarrity, 2014). We are constantly inspired by the passion, creativity and pride of the LGBT community. 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 addition to the federal rules, information about patients may be protected in two other ways. This depends on the federal law. American Journal of Public Health, 103, 881-888. doi:10.2105/AJPH.2012.301040. 2. 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. Serving our youth: Findings from a national survey of service providers working with lesbian, gay, bisexual, and transgender youth who are homeless or at risk of becoming homeless. www.healthprivacy.org, Lambda Legal | 120 Wall Street, 19th Floor, New York, NY 10005 | P - 212-809-8585. 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. On the contrary, HIPAA specifically provides a mechanism for patients to indicate their wishes in these areas. 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. All geographical subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes. 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. 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. 163 0 obj <>/Filter/FlateDecode/ID[<67F3766EC8E1F54DBCE4EF4EEA076C0A>]/Index[137 49]/Info 136 0 R/Length 121/Prev 178790/Root 138 0 R/Size 186/Type/XRef/W[1 3 1]>>stream Retrieved from http://williamsinstitute.law.ucla.edu/wp-content/uploads/min-wage-simulation-april 2014.pdf, Durso, L. E., & Gates, G. J. jQuery( document ).ready(function($) { Several factors that can help improve outcomes for LGBTQ+ young people include: Addressing LGBTQ+-related stigma, discrimination, and violence. 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. HIPAA protects all individually identifiable health information that relates to an individuals past, present, or future medical condition, treatment for medical conditions, and payment for treatments. %%EOF Our community faces numerous health disparities, including higher rates of drug and alcohol use. WebThis umbrella term includes people who have nonbinary, gender-fluid, or gender nonconforming identities. 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. Discrimination against LGBT persons in the workplace is a significant factor in socioeconomic differences for LGBT persons (McGarrity, 2014). that is maintained in the same record set as individually identifiable information (i.e., a name, an address, a phone number, etc.). GAY INTERSEX Gamarel, K. E., Reisner, S. L., Parsons, J. T., & Golub, S. A. These barriers, including workplace and housing discrimination, can result in increasing SES disparities for LGBTQ persons and families. An incidental disclosure is a secondary, accidental disclosure that cannot reasonably be prevented, is limited in nature, and that occurs as a result of another disclosure permitted by the Privacy Rule for example, if a physician invites a health plan employee to his office to discuss payments, and the health plan employee passes a patient he or she recognizes in the waiting room. Retrieved from http://www.hrc.org/press/hrc-hails-historic-eeoc-ruling-on-employment-discrimination, Human Rights Campaign. WebThis umbrella term includes people who have nonbinary, gender-fluid, or gender nonconforming identities. 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. WebHIPAA Identifiers. Yes. 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). 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). Human Rights Campaign. It is now more than twenty years since this Protected Health Information list was compiled and it is very out of date. (2013). Cancel Any Time. 5. 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. However other federal laws exist that also protect health information in certain circumstances. The Canadian Journal of Human Sexuality, 18(4), 221-229. endstream endobj startxref 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. 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. Under HIPAA, PHI ceases to be PHI if it is stripped of all identifiers that can tie the information to an individual. The term marriage includes all lawful marriages. The following Greek letter organizations are gender-inclusive, meaning they accept males, females, trans, non-binary, etc. 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. For more information about the regulations, we encourage you to visit any of these web sites: www.hhs.gov/ocr/ Testimony on S.811, The Employment Non-Discrimination Act of 2011. 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. 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. 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 Center hosts more than 15,000 events and activities every year. People may experience this attraction in differing ways and degrees over their lifetime. The definition of designated record sets appears in the introduction to the Privacy Rule in 45 CFR 164.501. When do medical providers have to tell patients about their privacy rights? Becoming homeless is also related to future depressive and anxiety symptoms, disorderly conduct and substance use disorders, which highlights the long-term impact of unstable housing on LGBTQhomeless youth (Rosario, Scrimshaw, & Hunter, 2012). 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 Copyright 2014-2023 HIPAA Journal. WebHIPAA Identifiers. Webof LGBT persons remains legally permitted. > For Professionals However, most Notices of Privacy Practices already contain more information than most patients are prepared to read; and, as will become evident in later sections of this article, explaining what is covered under HIPAA and what is not will likely raise more questions than answers for patients wishing to exercise their Privacy Rule rights. (2009). 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). 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. Consider SES in your education, practice, and research efforts. On June 26, 2013, in United States v. Windsor, the Supreme Court held section 3 of the Defense of Marriage Act (DOMA) to be unconstitutional. hZnI|E!xX.7nV9YFF!+BQFgh-xC9 HIPAA should not be used as an excuse to deny rights to LGBTQ patients. 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.
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