Before explaining these terms, it is useful to first explain what is meant by health information, of which protected health information is 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. All geographical subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes. In most cases, this should mean that the provider cannot disclose a patients sexual orientation or Following are LGBT-specific sororities and women's fraternities. 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. An individuals socioeconomic position may also be related to experiences of discrimination. 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. is unnecessary and not the objective of the Privacy Rule. 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. 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). 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. is Considered Protected Health Information Under HIPAA 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. A study of transgender adults in the United States found that participants were nearly 4 times more likely to have a household income of less than $10,000 per year compared to the general population. WebThis umbrella term includes people who have nonbinary, gender-fluid, or gender nonconforming identities. Sexual Orientation and Gender Identity An adjective used by some people whose sexual orientation is not exclusively heterosexual or straight. HIPAA should not be used as an excuse to deny rights to LGBTQ patients. +PLUS. 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. For more information about when the Protected Health Information definition may not apply to a health care provider or health plan, please see The HIPAA Definition of Covered Entities Explained. A woman whose enduring physical, romantic, and/or emotional attraction is to other women. About LGBTI people and human rights | OHCHR The Human Rights Campaign uses cookies to improve your site experience. HIPAA Journal's goal is to assist HIPAA-covered entities achieve and maintain compliance with state and federal regulations governing the use, storage and disclosure of PHI and PII. 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. If identifiers are removed, the health information is referred to as de-identified PHI. 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. 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. 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. WebThis umbrella term includes people who have nonbinary, gender-fluid, or gender nonconforming identities. Medical professionals generally agree that patients receive better medical care when they are able to be honest and open with their healthcare providers. is Considered Protected Health Information Under HIPAA 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). Sexual Orientation and Gender Identity LGBTQ community rejects false association with 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. 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. Covered entities are allowed to disclose PHI for treatment, payment, and health care operations. 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. Whether youre looking for a job, support with transitioning in the workplace or information on job training options, The Center can help you achieve your professional goals. 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. The HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. A person who can form enduring physical, romantic, and/or emotional attractions to those of the same gender or more than one gender. You'll receive email updates from HRC. WebHowever, when a provider discloses information about a patient, the provider usually must try to reveal as little private information as possible. Any gender information maintained or transmitted by an organization not covered by HIPAA is not PHI. The following 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Names. All rights reserved. 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. 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. In many locations, states have passed privacy laws with more stringent protections than HIPAA and, in these locations, state law preempts HIPAA. Steve has developed a deep understanding of regulatory issues surrounding the use of information technology in the healthcare industry and has written hundreds of articles on HIPAA-related topics. HIPAA 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. 5. QUESTIONING This decision expanded federal recognition of the rights of individuals in same-sex marriages, but did not resolve the status of such rights under state law. 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. LGBT and LGBT-friendly fraternities and sororities TRANSGENDER Author: Steve Alder is the editor-in-chief of HIPAA Journal. inclusive of all men, regardless of assigned sex at birth. Retrieved from http://williamsinstitute.law.ucla.edu/wp-content/uploads/LGB-Poverty-Update Jun-2013.pdf, Badgett, M. V. L., & Schneebaum, A. 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. For example, many states broadly prohibit healthcare providers and laboratories from disclosing patients HIV test results except in certain circumstances. This umbrella term includes people who have nonbinary, gender-fluid, or gender nonconforming identities. 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. In many cases, discrimination against and unfair treatment of LGBTQ persons remains legally permitted. Although the term combination is used, PHI can be a single item for example, a picture of a baby sent to a pediatrician. hb`````Z $e@@,&gY1e*b>|9! The following fraternities and sororities have adopted LGBTQ-inclusive policies at the national or institutional level. All covered entities and business associates are required to conduct frequent risk analyses in order to identify threats to the integrity of PHI. The consequences of youth homelessness have many implications for the socioeconomic status of LGBTQ youth. 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. 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. National recommended best practices for serving LGBT homeless youth. 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. 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. PHI Retrieved from http://www.hrc.org/press/hrc-hails-historic-eeoc-ruling-on-employment-discrimination, Human Rights Campaign. Under HIPAA, PHI ceases to be PHI if it is stripped of all identifiers that can tie the information to an individual. 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. hbbd```b``:"& DYH`G0,f A M6i d6Y=XtGH@}L@JD: @ y Regulatory Changes New patterns of poverty in the lesbian, gay, and bisexual community. _'Q0X{rtW/Nfu/?7?6l&_j[/{V]WXbazq=8:_1~b3Z=y~r:(EOOf_?m`;zlG6WT^>}^\|{j1;WVxq1w'/g'Sto> Find more LGBTQ information and resources by visiting our resource center or by giving us a call at 212.620.7310. US EEOC 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 Canadian Journal of Human Sexuality, 18(4), 221-229. PHI Badgett, M. V. L. (2012). For as many ways as you can define family, The Center is here to provide support. 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. LESBIAN Sometimes lesbian is the preferred term for women. Protected Health Information We are constantly inspired by the passion, creativity and pride of the LGBT community. (2012). Thus, SES is inherently related to the rights, quality of life, and general well-being of LGBTQ persons. Protected Health 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. The following 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Names. PHI is an acronym of Protected Health Information, while PII is an acronym of Personally Identifiable Information. Youth What is Considered PHI HIPAA protects the privacy of individually identifiable health information via the provisions of the Privacy Rule. To sign up for updates or to access your subscriber preferences, please enter your contact information below. 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. 'K`2 Socioeconomic status as context for minority stress and health disparities among lesbian, gay, and bisexual individuals. LGBT and LGBT-friendly fraternities and sororities Those whose gender expression doesn't follow society's norms for the sex assigned to them at birth. Discrimination against LGBT persons in the workplace is a significant factor in socioeconomic differences for LGBT persons (McGarrity, 2014). This depends on the federal law. 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). One of the primary reasons for HIPAA-related complaints to HHS Office for Civil Rights is a lack of understanding about what is considered Protected Health Information under HIPAA. About LGBTI people and human rights | OHCHR U.S. Department of Health & Human Services Find more information on us and our work in About The Center. 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.) %%EOF In a perfect world, an explanation of what HIPAA Protected Health Information is would be covered in the Notice of Privacy Practices. The definition of family member in the Privacy Rule at 45 CFR 160.103 includes the terms spouse and marriage. 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.
