endstream endobj startxref 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 Starting with health information, this is defined as any information, including genetic information, whether oral or recorded in any form or medium, that: Thereafter, the definition of individually identifiable health information is much the same, other than the definition only applies to health care providers, health plans, employers (in the role of an administrator of a self-insured health plan), and health care clearinghouses, and only relates to information that identifies or could be used to identify the individual who is the subject of the health information or the individuals family, employer, or members of their household. Human Rights Campaign. The U.S. legal system does not prohibit discrimination on the basis of sexual orientation and gender identity in several states, including workplace discrimination. With regards to written authorizations, it is important to be aware that individuals have the right to revoke their authorizations at any time. LGBT fraternities and sororities have existed since the 1980s, with Delta Phi Upsilon being established in 1985 and Delta Lambda Phi in 1986. 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. 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. Youth Before explaining these terms, it is useful to first explain what is meant by health information, of which protected health information is Those who identify and express their gender outside of the gender binary. 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. 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. 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. 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 Low-income LGBTQindividuals and same-sex/gender couples have been found more likely to receive cash assistance and food stamps benefits compared to heterosexual individuals or couples. Any other non-health information included in the same record set assumes the same protections as the health information. HIPAA should not be used as an excuse to deny rights to LGBTQ patients. What is Considered PHI Under HIPAA The term marriage includes all lawful marriages. [CDATA[ */ var google_conversion_id = 998246761; var google_conversion_label = "QA9fCKfel4MBEOmSgNwD"; var google_remarketing_only = false; /* ]]> */. The federal privacy rules create certain protections against the disclosure of private information about patients, but those protections are not absolute. 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. 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. 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 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. Journal of Youth and Adolescence, 41, 544560. However, when a provider discloses information about a patient, the provider usually must try to reveal as little private information as possible. 3. Protected Health Information Breach News These terms are used to describe a persons sexual orientation or gender identity. All information can be shared without violating HIPAA provided it is shared for a permissible use or disclosure or the entity sharing the information has obtained a written authorization from the subject of the information. Morrisville, NC 27560. People who are transgender or gender diverse include: Those who have a gender identity that differs from 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). Some lesbians may prefer to identify as gay or as gay women. The adjective describes people whose enduring physical, romantic, and/or emotional attractions are to people of the same sex. You can unsubscribe at any time. Psychology of Sexual Orientation and Gender Diversity, 1, 383-397. doi:10.1037/sgd0000067, National Alliance to End Homelessness. There are numerous examples of what is not considered PHI under HIPAA. 5221 Paramount Parkway The 18 i dentifiers that are considered PHI are included in OHRPP Guidance & Fassinger, R. (2007, September). HIPAA 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. The FAQ, while applicable in a variety of circumstances, was developed in large part to address confusion following the 2016 Orlando nightclub shooting about whether and when hospitals may share protected health information with patients loved ones. In many cases, discrimination against and unfair treatment of LGBTQ persons remains legally permitted. US EEOC Thus, SES is inherently related to the rights, quality of life, and general well-being of LGBTQ persons. > HIPAA Home 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. Additional protections afforded by state laws: Second, some states have laws that provide additional protections for patients. For example, the Privacy Rule allows covered entities to share information about the patients care with family members in various circumstances. Mayo Clinic Under HIPAA, PHI ceases to be PHI if it is stripped of all identifiers that can tie the information to an individual. The adjective describes a person who does not experience sexual attraction. Regulatory Changes You'll receive email updates from HRC. Patients should keep these documents in their files for future reference, particularly if they have questions about the release of sensitive information by their healthcare providers. 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. 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. 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. Importantly, this also includes any data relating to a family member, friend, or employer that could identify the individual. US EEOC 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. 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. The federal rules do not free providers from their legal duties to comply with those more protective state laws. WebLGBT fraternities and sororities have existed since the 1980s, with Delta Phi Upsilon being established in 1985 and Delta Lambda Phi in 1986. 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. All geographical subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes. PHI is an acronym of Protected Health Information, while PII is an acronym of Personally Identifiable Information. In most cases, this should mean that the provider cannot disclose a patients sexual orientation or WebHIPAA Identifiers. People who are transgender or gender diverse include: Those who have a gender identity that differs from the sex assigned to them at birth. 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. 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. > For Professionals 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. American Journal of Orthopsychiatry, 84, 66-72. doi:10.1037/h0098852, McGarrity, L. A. All covered entities and business associates are required to conduct frequent risk analyses in order to identify threats to the integrity of PHI. 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. The answer to the question who can access information under HIPAA has three parts. 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. On this Wikipedia the language links are at the top of the page across from the article title. LESBIAN 'K`2 hbbd```b``:"& DYH`G0,f A M6i d6Y=XtGH@}L@JD: @ y 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. HHS WebHIPAA Identifiers. }); 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. HIPAA should not be used as an excuse to deny rights to LGBTQ patients. 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. 1. 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 U.S. legal system does not prohibit discrimination on the basis of sexual orientation and gender identity in several states, including workplace discrimination. If identifiers are removed, the health information is referred to as de-identified PHI. Disclosing Your Sexual Orientation or Gender Identity 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). 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 All geographical subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes. HRC hails historic EEOC ruling on employment discrimination [Press release]. Collecting Sexual Orientation and Gender Identity Information 0 What is Considered PHI Under HIPAA PowerPoint presented at the American Psychological Association Fall Board Committee Meeting, Washington, DC. Thus, SES is inherently related to the rights, quality of life, and general well-being of LGBTQ persons. 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. Information about sexual orientation and gender identity is an essential part of any medical history. About LGBTI people and human rights | OHCHR In light of the Windsor and Obergefell decisions, this guidance makes clear that the terms marriage, spouse, and family member include, respectively, all lawful marriages, lawfully married spouses, and both the lawful spouses and the dependents of all lawful marriages, and clarifies certain rights of individuals under the Privacy Rule. 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. doi:10.1007/s10964-011-9681-3, Thomeer, M. B. The rules describe three different classes of information: (1) information that cannot be disclosed without written permission, (2) information that cannot be disclosed without informal verbal permission, and (3) information that can be disclosed without any permission. Since 1983 The Center has been supporting, fostering and celebrating the LGBT community of New York City. The following Greek letter organizations are gender-inclusive, meaning they accept males, females, trans, non-binary, etc. 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. WebEvidence indicates individuals who identify as lesbian, gay, bisexual, and/or transgender (LGBTQ) are especially susceptible to socioeconomic disadvantages. American Journal of Public Health, 102, 2094-2101. doi:10.2105/AJPH.2012.300668, Gattis, M. N. (2009). Collecting Sexual Orientation and Gender Identity Information 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. _'Q0X{rtW/Nfu/?7?6l&_j[/{V]WXbazq=8:_1~b3Z=y~r:(EOOf_?m`;zlG6WT^>}^\|{j1;WVxq1w'/g'Sto> Copyright 2014-2023 HIPAA Journal. Those whose gender expression doesn't follow society's norms for the sex assigned to them at birth. What rights do the new privacy rules grant to patients? Under HIPAA, PHI ceases to be PHI if it is stripped of all identifiers that can tie the information to an individual. See below for a more detailed definition of each term, from GLAADs LGBTQ Media Reference Guide. Before explaining these terms, it is useful to first explain what is meant by health information, of which protected health information is The following 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Names. Gamarel, K. E., Reisner, S. L., Parsons, J. T., & Golub, S. A. Those who identify and express their gender outside of the gender binary. The following fraternities and sororities have adopted LGBTQ-inclusive policies at the national or institutional level. 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. 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. Following are LGBT-specific sororities and women's fraternities. The plus is used to signify all of the gender identities and sexual orientations thatletters and words cannot yet fully describe. Discrimination against LGBT persons in the workplace is a significant factor in socioeconomic differences for LGBT persons (McGarrity, 2014). SEXUAL ORIENTATION, GENDER IDENTITY 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). It is now more than twenty years since this Protected Health Information list was compiled and it is very out of date. Retrieved from http://williamsinstitute.law.ucla.edu/wp-content/uploads/LGB-Poverty-Update Jun-2013.pdf, Badgett, M. V. L., & Schneebaum, A. 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. 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. 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.) Do not confuse having an intersex trait with being transgender. To find groups and events happening at The Center, visit our calendar of events, or sign up for our newsletter, Center Happenings, below. 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. People may experience this attraction in differing ways and degrees over their lifetime. LGBTQyouth experience homelessness at a disproportionate rate. PHI hb`````Z $e@@,&gY1e*b>|9! 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? 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. Protected Health Information is health information (i.e., a diagnosis, a test result, an x-ray, etc.) LGBTQ community rejects false association with From time to time, the Health Insurance Portability and Accountability Act is incorrectly cited as an obstacle to hospital visitation rights and decision making authority for LGBTQ families. 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. Retrieved from http://williamsinstitute.law.ucla.edu/research/safe-schools-and-youth/serving-our-youth-july-2012/. 5. A person who can form enduring physical, romantic, and/or emotional attractions to those of the same gender or more than one gender. 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.
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