(2014). Section 3 of DOMA had provided that federal law would recognize only opposite-sex marriages. This definition is followed by a footnote that explains a record can be any item, collection, or grouping of information that includes Protected Health Information and is maintained, collected, used, or disseminated by or for a Covered Entity. While this may be a little confusing to follow and likely difficult to make clear to patients unfamiliar with the terminology of HIPAA an explanation of what information is protected by HIPAA could be explained thus: This explanation of what information is protected by HIPAA can help reduce patients misunderstandings about what is considered Protected Health Information under HIPAA and reduce the volume of complaints to HHS Office for Civil Rights. 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. 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. Morrisville, NC 27560. First, it depends on whether an identifier is included in the same record set. 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. 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. 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. Our Resource Center is a comprehensive guide connecting you to a wide range of personal resources and professional opportunities. 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. Grant, J. M., Mottet, L. A., Tanis, J., Harrison, J., Herman, J. L., & Keisling, M. (2011). The HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. 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 18 i dentifiers that are considered PHI are included in OHRPP Guidance & open to any individual who identifies as a woman, regardless of the gender assigned at birth. For as many ways as you can define family, The Center is here to provide support. The federal privacy rules create certain protections against the disclosure of private information about patients, but those protections are not absolute. All covered entities and business associates are required to conduct frequent risk analyses in order to identify threats to the integrity of PHI. Retrieved from http://williamsinstitute.law.ucla.edu/wp-content/uploads/min-wage-simulation-april 2014.pdf, Durso, L. E., & Gates, G. J. 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. 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 Center hosts more than 15,000 events and activities every year. 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. Eighteen states have no laws prohibiting workplace discrimination against LGBTQpeople (Human Rights Campaign, 2015). endstream endobj 28 0 obj <>>> endobj 29 0 obj <>/Font<>/ProcSet[/PDF/Text/ImageC]/Properties<>/XObject<>>>/Rotate 0/TrimBox[0.0 0.0 612.0 792.0]/Type/Page>> endobj 30 0 obj <>stream 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. 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. Your contributions make our work possible! 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. 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. People who are transgender or gender diverse include: Those who have a gender identity that differs from the sex assigned to them at birth. An adjective used to describe a person with one or more innate sex characteristics, including genitals, internal reproductive organs, and chromosomes, that fall outside of traditional conceptions of male or female bodies. Some undergo surgery as well. 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. Attributing discrimination to ones socioeconomic position was also related to higher depressive symptoms and anxiety scores (Gamarel, Reisner, Parsons, & Golub, 2012). In addition, the terms marriage, spouse, and family member apply to all individuals who are legally married, regardless of where they live or receive health care services. open to women of any sexual orientation and any individual who identifies as a woman, open to any individual who identifies and lives as a woman with any sexual orientation, open to women and transgender persons who identify as women with any sexual orientation, inclusive of gender identity/expression or sexual orientation, open to any individual who identifies and lives as a woman or any sexual orientation, open to any individual who identifies as a woman and any sexual orientation, explicitly open to trans and non-binary individuals, explicitly inclusive of individuals who identify as "gay, bisexual-transgender and any other non-heteronormative sexual orientations, gender expression, or genre identities", explicitly welcomes any individuals who identify as male, transgender men, and men of any sexual orientation, open to any individual who identifies as a woman, open to any individual who identifis as a woman, open to any individual who identifies as a woman and women of any sexual orientation. 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. 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. Please report privacy incidents promptly using the online reporting tool (link below) or the Hotline phone number at, Auditing Access to Electronic Medical Record, Employee Access to Protected Health Information, Fundraising, Marketing, Informational Newsletter Guidelines, Surprise Billing and Good Faith Estimate Notices, Avisos de facturas mdicas sorpresas y avisos de presupuestos de buena fe, All geographical subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes, All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, date of death, and all ages over 89 and all elements of dates (including year) indicative of such age, Vehicle identifiers and serial numbers, including license plate numbers, Biometric identifiers, including finger and voice prints, Full face photographic images and any comparable images, and, Any other unique identifying number, characteristic, or code. WebLGBT fraternities and sororities have existed since the 1980s, with Delta Phi Upsilon being established in 1985 and Delta Lambda Phi in 1986. %%EOF 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. Copyright 2014-2023 HIPAA Journal. 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. 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. What kind of information is covered by the privacy rules? 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. 0 Protected Health Information can be any information relating to an individual that is maintained in the same record set as the individuals health information. Studies have shown that 42 percent to 68 percent of LGBTQindividuals report experiencing employment discrimination (Badgett, 2012; Fassinger, 2007). PHI is an acronym of Protected Health Information, while PII is an acronym of Personally Identifiable Information. 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. The U.S. legal system does not prohibit discrimination on the basis of sexual orientation and gender identity in several states, including workplace discrimination. TRANSGENDER An individuals socioeconomic position may also be related to experiences of discrimination. 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. 27 0 obj <> endobj Psychosocial problems associated with homelessness in sexual minority youths. If identifiers are removed, the health information is referred to as de-identified PHI. All rights reserved. However, it is important to be aware that HIPAA provides a federal floor of privacy protections. The term HIPAA information can relate to any standard in the text of the Health Insurance Portability and Accountability Act inasmuch as the term could mean information about a pre-existing condition for insurance purposes, information contained in a Medicare claims transaction, or the right to withhold information from an insurance provider when treatment has been paid for privately. The Canadian Journal of Human Sexuality, 18(4), 221-229. 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. WebEvidence indicates individuals who identify as lesbian, gay, bisexual, and/or transgender (LGBTQ) are especially susceptible to socioeconomic disadvantages. endstream endobj startxref Learn how you can support our work today! A woman whose enduring physical, romantic, and/or emotional attraction is to other women. (2012). 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. Those whose gender expression doesn't follow society's norms for the sex assigned to them at birth. Under HIPAA, PHI ceases to be PHI if it is stripped of all identifiers that can tie the information to an individual. This guidance also updates and expands on related guidance issued in September 2014. Find out more about both our rich history and vibrant presence in Arts & Culture. Psychology of Sexual Orientation and Gender Diversity, 1, 383-397. doi:10.1037/sgd0000067, National Alliance to End Homelessness. 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. Those who identify and express their gender outside of the gender binary. Out on the street: A public health and policy agenda for lesbian, gay, bisexual, and transgender youth who are homeless. The rules tell health plans and healthcare providers when they can and cannot disclose private information about a patient, and, in some cases, when they must disclose that information. Evidence indicates individuals who identify as lesbian, gay, bisexual, and/or transgender (LGBTQ) are especially susceptible to socioeconomic disadvantages. Under HIPAA, PHI ceases to be PHI if it is stripped of all identifiers that can tie the information to an individual. jQuery( document ).ready(function($) { 200 Independence Avenue, S.W. There are numerous examples of what is not considered PHI under HIPAA. However, when non-health information is maintained outside the record set, the protections do not apply. WebThis umbrella term includes people who have nonbinary, gender-fluid, or gender nonconforming identities. Discrimination against LGBTQ persons in the workplace is a significant factor in socioeconomic differences for LGBTQ persons (McGarrity, 2014). Thus, SES is inherently related to the rights, quality of life, and general well-being of LGBTQ persons. Sometimes lesbian is the preferred term for women. On June 26, 2013, in United States v. Windsor, the Supreme Court held section 3 of the Defense of Marriage Act (DOMA) to be unconstitutional. GAY hbbd```b``V D@$? However, when a provider discloses information about a patient, the provider usually must try to reveal as little private information as possible. Your attendance and support helps make our work possible and furthers the connection that you have with the community. From relationships to parenthood, we can guide and connect you throughout your journey. 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. 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. This term describes someone who is questioning their sexual orientation or gender identity. Your generosity helps The Center provide vital programs and services to support our evolving LGBT community. To find groups and events happening at The Center, visit our calendar of events, or sign up for our newsletter, Center Happenings, below. People may experience this attraction in differing ways and degrees over their lifetime. www.healthprivacy.org, Lambda Legal | 120 Wall Street, 19th Floor, New York, NY 10005 | P - 212-809-8585. The plus is used to signify all of the gender identities and sexual orientations thatletters and words cannot yet fully describe. In most cases, this should mean that the provider cannot disclose a patients sexual orientation or Cancel Any Time. Stay up to date on legislation and policies that explore and work to eliminate socioeconomic disparities. 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. Thank you for being our partner in serving and supporting the LGBT 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. 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. Covered entities are allowed to disclose PHI for treatment, payment, and health care operations. 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. (2015, July 16). Sexual orientation and gender identity. 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. 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). HIPAA should not be used as an excuse to deny rights to LGBTQ patients. Under the Privacy Rule, if a state provides legally married spouses with health care decision making authority on behalf of one another, a covered entity is required to recognize the lawful spouse of an individual as the individuals personal representative without regard to the sex of the spouses. 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. The following 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Names. People who are transgender or gender diverse include: Those who have a gender identity that differs from the sex assigned to them at birth. It can also accelerate the flow of information within a health care facility when members of the workforce understand that not every piece of information relating to a patient has to be locked down behind access controls. Get Insured - Affordable Care Act Resources for the LGBTQ Community. 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. WebHowever, when a provider discloses information about a patient, the provider usually must try to reveal as little private information as possible. 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. 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 /* In a variety of other circumstances, a healthcare provider may disclose information about a patient without the patients consent. As the needs of our community evolve, we work to make sure that you have the support, services and resources needed to enhance and maintain your quality of life. Delivered via email so please ensure you enter your email address correctly. (2017). %%EOF 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. }); 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. 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.