is lgbtq status considered phi

Find more LGBTQ information and resources by visiting our resource center or by giving us a call at 212.620.7310. HIPAA Journal provides the most comprehensive coverage of HIPAA news anywhere online, in addition to independent advice about HIPAA compliance and the best practices to adopt to avoid data breaches, HIPAA violations and regulatory fines. The following 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Privacy endstream endobj startxref Find more information on us and our work in About The Center. 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. The following 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Names. Importantly, this also includes any data relating to a family member, friend, or employer that could identify the individual. Receive weekly HIPAA news directly via email, HIPAA News 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. When can a healthcare provider use or disclose information regarding her patients health condition, 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. First, it depends on whether an identifier is included in the same record set. [CDATA[ */ var google_conversion_id = 998246761; var google_conversion_label = "QA9fCKfel4MBEOmSgNwD"; var google_remarketing_only = false; /* ]]> */. Consider SES in your education, practice, and research efforts. $("#wpforms-form-28602 .wpforms-submit-container").appendTo(".submit-placement"); Sometimes lesbian is the preferred term for women. PHI is an acronym of Protected Health Information, while PII is an acronym of Personally Identifiable Information. 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 When do medical providers have to tell patients about their privacy rights? hbbd```b``:"& DYH`G0,f A M6i d6Y=XtGH@}L@JD: @ y 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. The three most common reasons cited among LGBTQyouth for becoming homeless are (a) running away from families who reject them because of their sexual orientation or gender identity; (b) being forced out of their homes after disclosing their identities; and (c) aging out of or running away from the foster care system and the possible violence toward LGBTQyouth that can occur there (Keuroghlian et al., 2014). Information about sexual orientation and gender identity is an essential part of any medical history. > For Professionals > Guidance on HIPAA, Same-sex Marriage, and Sharing Information, HIPAA and Marriage: Understanding Spouse, Family Member, Marriage, and Personal Representatives in the Privacy Rule. is unnecessary and not the objective of the Privacy Rule. 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. 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. LvIK`(&HC R0d`vL_@q$[+"_H@T&30:?0 * The definition of family member in the Privacy Rule at 45 CFR 160.103 includes the terms spouse and marriage. 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. Several factors that can help improve outcomes for LGBTQ+ young people include: Addressing LGBTQ+-related stigma, discrimination, and violence. Delivered via email so please ensure you enter your email address correctly. 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. 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. Thus, SES is inherently related to the rights, quality of life, and general well-being of LGBTQ persons. The answer to the question who can access information under HIPAA has three parts. HIPAA protects the privacy of individually identifiable health information via the provisions of the Privacy Rule. 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. Even if social media or a reverse lookup tool does not give you the individuals name, you will still be able to find enough information about the individual for the email address when maintained with health information to be considered PHI. 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. Your attendance and support helps make our work possible and furthers the connection that you have with the community. Twenty states and the District of Columbia currently prohibit discrimination in the workplace based on sexual orientation and gender identity (Human Rights Campaign, 2017). Following are LGBT-specific sororities and women's fraternities. Eighteen states have no laws prohibiting workplace discrimination against LGBTQpeople (Human Rights Campaign, 2015). Morrisville, NC 27560. 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. c:u|3X]~+n*lrrssVfpj=>q'hzk:~c8 }5DOGZea$ Xg~k>}=UP|No!ELT0X7qH03. 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. The U.S. legal system does not prohibit discrimination on the basis of sexual orientation and gender identity in several states, including workplace discrimination. Thank you for being our partner in serving and supporting the LGBT community. into their membership. It is because of scenarios such as this that there is no list of Protected Health Information. 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. Suite 430 Additional protections afforded by state laws: Second, some states have laws that provide additional protections for patients. Many LGBTQ youth may also be rejected by their family of origin or caregivers and forced to leave the home as minors. 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. 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. This field is for validation purposes and should be left unchanged. Do not confuse having an intersex trait with being transgender. LGBTQhomeless youth are 62 percent more likely to attempt suicide than their heterosexual counterparts, and they are at greater risk for sexual abuse, exploitation, sexual violence and drug abuse (National Alliance to End Homelessness, 2009). Discrimination against LGBT persons in the workplace is a significant factor in socioeconomic differences for LGBT persons (McGarrity, 2014). For example, many states broadly prohibit healthcare providers and laboratories from disclosing patients HIV test results except in certain circumstances. First, it depends on whether an identifier is included in the same record set. 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. American Journal of Public Health, 103, 881-888. doi:10.2105/AJPH.2012.301040. If identifiers are removed, the health information is referred to as de-identified PHI. Steve is responsible for editorial policy regarding the topics covered on HIPAA Journal. Psychology of Sexual Orientation and Gender Diversity, 1, 383-397. doi:10.1037/sgd0000067, National Alliance to End Homelessness. People who are transgender or gender diverse include: Those who have a gender identity that differs from the sex assigned to them at birth. 137 0 obj <> endobj 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. 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. The consequences of youth homelessness have many implications for the socioeconomic status of LGBTQ youth. For example, in many cases Social Security Numbers have been replaced by Medicare Beneficiary Identifiers, social media handles did not exist when the list of PHI identifiers was compiled, and few people had Emotional Support Animals. !y5F}aja2-HY3`e`)1 t 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. 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. 5. Sometimes, when the Q is seen at the end of LGBT, it can also mean questioning. 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). 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. In situations where you prefer to place ananonymous report, you are encouraged to use the hotline below, hosted by a third party provider contracted with UNC Health to provide this service. Because PHI is any combination of health information and PHI identifiers, when health information or PHI identifiers are maintained separately from each other, the identifiers alone are not considered protected health information under HIPAA. 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. Testimony on S.811, The Employment Non-Discrimination Act of 2011. The Canadian Journal of Human Sexuality, 18(4), 221-229. 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. In most cases, this should mean that the provider cannot disclose a patients sexual orientation or HIPAA should not be used as an excuse to deny rights to LGBTQ patients. WebThis umbrella term includes people who have nonbinary, gender-fluid, or gender nonconforming identities. 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. By clicking "GO" below, you will be directed to a website operated by the Human Rights Campaign Foundation, an independent 501(c)(3) entity. 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. LGBT fraternities and sororities have existed since the 1980s, with Delta Phi Upsilon being established in 1985 and Delta Lambda Phi in 1986. What kind of information is covered by the privacy rules? _'Q0X{rtW/Nfu/?7?6l&_j[/{V]WXbazq=8:_1~b3Z=y~r:(EOOf_?m`;zlG6WT^>}^\|{j1;WVxq1w'/g'Sto> Under HIPAA, PHI ceases to be PHI if it is stripped of all identifiers that can tie the information to an individual. The U.S. legal system does not prohibit discrimination on the basis of sexual orientation and gender identity in several states, including workplace discrimination. The Center remains committed to addressing these challenges by providing you and your loved ones with LGBT-specific recovery services and support. Author: Steve Alder is the editor-in-chief of HIPAA Journal. 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). Webof LGBT persons remains legally permitted. Grant, J. M., Mottet, L. A., Tanis, J., Harrison, J., Herman, J. L., & Keisling, M. (2011). QUESTIONING 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. Cancel Any Time. These terms are used to describe a persons sexual orientation or gender identity. Aside from the confidentiality and disclosure of health information, the new federal rules describe a few related rights that patients may exercise: How can a patient complain if a provider has violated the privacy rules? In most cases, this should mean that the provider cannot disclose a patients sexual orientation or LESBIAN WebThis umbrella term includes people who have nonbinary, gender-fluid, or gender nonconforming identities. 0 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. 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. 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. You can unsubscribe at any time. Find out more about both our rich history and vibrant presence in Arts & Culture. 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. From relationships to parenthood, we can guide and connect you throughout your journey. that is maintained in the same record set as individually identifiable information (i.e., a name, an address, a phone number, etc.). 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 This is not surprising, as there are times when the same information can be both protected and non-protected depending on how it is maintained. APA Policy Statements on Socioeconomic Status, Advancing psychology to benefit society and improve lives. To sign up for updates or to access your subscriber preferences, please enter your contact information below. This list does not include organizations that self-define as co-educational; although such groups may well be gender-inclusive in practice, they have yet to modify their policies and language to be inclusive at the institutional level.