84 0 obj <>stream Before explaining these terms, it is useful to first explain what is meant by health information, of which protected health information is Under HIPAA, PHI ceases to be PHI if it is stripped of all identifiers that can tie the information to an individual. (2014). !y5F}aja2-HY3`e`)1 t 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. 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. Retrieved from http://williamsinstitute.law.ucla.edu/research/workplace/testimony-s811-061212/, Badgett, M. V. L., Durso, L. E., & Schneebaum, A. Those whose gender expression doesn't follow society's norms for the sex assigned to them at birth. %%EOF Under the Public Health Service Act, any health information provided to a family planning agency is protected even if the family planning agency is not a HIPAA Covered Entity. Although the term combination is used, PHI can be a single item for example, a picture of a baby sent to a pediatrician. The following 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Names. The term family member includes lawful spouses and dependents of all lawful marriages. 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 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. Your attendance and support helps make our work possible and furthers the connection that you have with the community. 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). Stay up to date on legislation and policies that explore and work to eliminate socioeconomic disparities. 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 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. WebHowever, when a provider discloses information about a patient, the provider usually must try to reveal as little private information as possible. This is because, when taking the four definitions into account, it is easier to determine what information is protected under HIPAA and when. Since 1983 The Center has been supporting, fostering and celebrating the LGBT community of New York City. 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. Get Insured - Affordable Care Act Resources for the LGBTQ Community. American Journal of Orthopsychiatry, 84, 66-72. doi:10.1037/h0098852, McGarrity, L. A. PowerPoint presented at the American Psychological Association Fall Board Committee Meeting, Washington, DC. You'll receive email updates from HRC. 4QyIyYEe]JQZ]Q)= TLFZU%b\2Z;~;9z=_+z>klyW'OOg}^?~=]^nZc(NP This guidance also updates and expands on related guidance issued in September 2014. These terms are used to describe a persons sexual orientation or gender identity. 57 0 obj <>/Filter/FlateDecode/ID[<7BDEBA77DC42DA4B991B6B17AE32E1AE>]/Index[27 58]/Info 26 0 R/Length 137/Prev 207744/Root 28 0 R/Size 85/Type/XRef/W[1 3 1]>>stream Under HIPAA, PHI is considered to be any combination of health information and PHI identifier(s) created, received, maintained, or transmitted by a covered entity. However, when non-health information is maintained outside the record set, the protections do not apply. In many locations, states have passed privacy laws with more stringent protections than HIPAA and, in these locations, state law preempts HIPAA. 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. PHI is an acronym of Protected Health Information, while PII is an acronym of Personally Identifiable Information. 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. 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. Cancel Any Time. endstream endobj startxref 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. It is quite simple to find out who an email address such as [emailprotected] belongs to by doing a little research on social media or using a reverse email lookup tool on the Internet. Association between socioeconomic position discrimination and psychological distress: Findings from a community-based sample of gay and bisexual men in New York City. In many cases, discrimination against and unfair treatment of LGBTQ persons remains legally permitted. An adjective used by some people whose sexual orientation is not exclusively heterosexual or straight. 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. Badgett, M. V. L. (2012). 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. 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. hbbd```b``:"& DYH`G0,f A M6i d6Y=XtGH@}L@JD: @ y Protected Health Information is health information (i.e., a diagnosis, a test result, an x-ray, etc.) Human Rights Campaign. LGBTQIA+ is an abbreviation for lesbian, gay, bisexual, transgender, queer or questioning, intersex, asexual, and more. (2014). When can a healthcare provider use or disclose information regarding her patients health condition, sexual orientation or gender identity? A lawful marriage is any marriage sanctioned by a state, territory, or a foreign jurisdiction as long as a U.S. jurisdiction would also recognize the marriage performed in the foreign jurisdiction. If identifiers are removed, the health information is referred to as de-identified PHI. This depends on the federal law. Psychosocial problems associated with homelessness in sexual minority youths. Information about sexual orientation and gender identity is an essential part of any medical history. Retrieved from http://www.endhomelessness.org/library/entry/national-recommended-best-practices-for-serving-lgbt-homeless-youth, Rosario, M., Schrimshaw, E. W., & Hunter, J. Yes. %%EOF HRC hails historic EEOC ruling on employment discrimination [Press release]. No permission required:> In a variety of other circumstances, a healthcare provider may disclose information about a patient without the patients consent. (2012). Journal of Human Behavior in the Social Environment, 19, 1066-1094. doi:10.1080/10911350902990478. Learn how you can support our work today! Retrieved from http://www.hrc.org/state-maps/employment, Keuroghlian, A. S., Shtasel, D., & Bassuk, E. L. (2014). LvIK`(&HC R0d`vL_@q$[+"_H@T&30:?0 * In a perfect world, an explanation of what HIPAA Protected Health Information is would be covered in the Notice of Privacy Practices. By clicking "GO" below, you will be directed to a website operated by the Human Rights Campaign Foundation, an independent 501(c)(3) entity. Yes. Some undergo surgery as well. Twenty states and the District of Columbia currently prohibit discrimination in the workplace based on sexual orientation and gender identity (Human Rights Campaign, 2017). Protected Health Information can be any information relating to an individual that is maintained in the same record set as the individuals health information. HIPAA should not be used as an excuse to deny rights to LGBTQ patients. However, it is important to be aware that HIPAA provides a federal floor of privacy protections. We are constantly inspired by the passion, creativity and pride of the LGBT community. Research exploring the health, wellness, and safety concerns of sexual minority youth. Those whose gender expression doesn't follow society's norms for the sex assigned to them at birth. U.S. Department of Health & Human Services Some lesbians may prefer to identify as gay or as gay women. The 18 i dentifiers that are considered PHI are included in OHRPP Guidance & APA Policy Statements on Socioeconomic Status, Advancing psychology to benefit society and improve lives. CALL 833-ISAYGAY OR 833-SAYTGNC TO REPORT DISCRIMINATION IN FLORIDA, Disclosing Your Sexual Orientation or Gender Identity to Healthcare Providers: The Effect of New HIPAA Regulations, Call us or submit your legal questions online, 120 Wall Street, 19th Floor, New York, NY 10005, To provide treatment to the patient or to facilitate payment for that treatment, To share information with business associates who work with the provider, To report certain information, such as a diagnosis of AIDS or an incident of domestic violence, to relevant public health authorities when the law requires or permits such reporting, To assist a law enforcement investigation or to provide eligibility information to a public benefits program, For any purpose, as long as the information revealed by the provider does not identify the individual patient. From LGBT-friendly hotels, bookstores and attractions to anonymous HIV testing sites, find out more about what NYC has to offer you. The plus is used to signify all of the gender identities and sexual orientations thatletters and words cannot yet fully describe. BISEXUAL 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. 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). Do not confuse having an intersex trait with being transgender. 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. Brown from New York. In most cases, this should mean that the provider cannot disclose a patients sexual orientation or Studies on LGBTQ youth reveal the following: Although the U.S. Supreme Court ruled in 2015 that states must issue marriage licenses to same-sex couples and recognize same-sex unions that have been legally performed in other states, legal barriers continue to exist. Find more information on us and our work in About The Center. Morrisville, NC 27560. WebHIPAA Identifiers. The Human Rights Campaign, All Rights Reserved. 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. INTERSEX Fassinger, R. (2007, September). All geographical subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes. On this Wikipedia the language links are at the top of the page across from the article title. The definition of family member in the Privacy Rule at 45 CFR 160.103 includes the terms spouse and marriage. WebLGBT fraternities and sororities have existed since the 1980s, with Delta Phi Upsilon being established in 1985 and Delta Lambda Phi in 1986. > For Professionals Raising the federal minimum wage would benefit LGBTQ individuals and couples in the United States. 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. It is because of scenarios such as this that there is no list of Protected Health Information. The HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. Washington, D.C. 20201 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. 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. Those who identify and express their gender outside of the gender binary. Discrimination against LGBT persons in the workplace is a significant factor in socioeconomic differences for LGBT persons (McGarrity, 2014). Whether you are exploring coming out, looking to connect with other LGBTQ young people or want to take advantage of opportunities to prepare for your future, The Center provides services and programs specifically for LGBTQ young people. 2023 Lesbian & Gay Community Services Center, Inc. Bureau of General Services Queer Division. Importantly, this also includes any data relating to a family member, friend, or employer that could identify the individual. 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. /* /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 The following Greek letter organizations are gender-inclusive, meaning they accept males, females, trans, non-binary, etc. 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. From insurance enrollment to program-specific resource areas such as Recovery, Wellness, Family and Youth, find a compilation of LGBT-focused organizations and opportunities to connect. This fact sheet summarizes the new federal privacy rules and discusses how they regulate the communication of information regarding a patients sexual orientation or gender identity. 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. 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). 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. Following are LGBT-specific fraternities. The Centers annual events are a time for celebration, joy, pride and connection. 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. (2017). endstream endobj startxref Those who identify and express their gender outside of the gender binary. 3. 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. 1. All rights reserved. Our Resource Center is a comprehensive guide connecting you to a wide range of personal resources and professional opportunities. This is interesting because HIPAA defines health information as above but would appear to state it is HIPAA information when created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse.