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Washington, D.C. 20201 Protected Health Information can be any information relating to an individual that is maintained in the same record set as the individuals health information. 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. 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. 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. First, it depends on whether an identifier is included in the same record set. Homelessness among lesbian, gay, and bisexual youth: Implications for subsequent internalizing and externalizing symptoms. 3. Status Disclosing Your Sexual Orientation or Gender Identity (2009). Mayo Clinic 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 term family member includes lawful spouses and dependents of all lawful marriages. Journal of Youth and Adolescence, 41, 544560. Since 1983 The Center has been supporting, fostering and celebrating the LGBT community of New York City. 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. Grant, J. M., Mottet, L. A., Tanis, J., Harrison, J., Herman, J. L., & Keisling, M. (2011). 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 to an individual. 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. To sign up for updates or to access your subscriber preferences, please enter your contact information below. What is Considered PHI 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. The Canadian Journal of Human Sexuality, 18(4), 221-229. 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. In addition to groups established for LBGT members, in the 21st century, many Greek letter organizations have become LGBT-friendly by adopting diversity and inclusivity statements. INTERSEX Any other non-health information included in the same record set assumes the same protections as the health information. You'll receive email updates from HRC. 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. 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. 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. !y5F}aja2-HY3`e`)1 t Our career development programs are tailored to the unique needs of LGBT job-seekers. HIPAA should not be used as an excuse to deny rights to LGBTQ patients. Sexual Orientation and Gender Identity 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. The Human Rights Campaign uses cookies to improve your site experience. When can a healthcare provider use or disclose information regarding her patients health condition, sexual orientation or gender identity? Covered entities are allowed to disclose PHI for treatment, payment, and health care operations. Authorized personnel and certain organizations can have access to information under HIPAA if it involves a permissible use or disclosure as defined by the Privacy Rule. 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. Your generosity helps The Center provide vital programs and services to support our evolving LGBT community. US EEOC 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. Before explaining these terms, it is useful to first explain what is meant by health information, of which protected health information is The 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. Fassinger, R. (2007, September). Visit the. Because information about a patients sexual orientation and gender identity is often very relevant and sometimes absolutely crucial to the provision of healthcare, it is protected by the federal privacy rules as well. Attributing discrimination to ones socioeconomic position was also related to higher depressive symptoms and anxiety scores (Gamarel, Reisner, Parsons, & Golub, 2012). Those who identify and express their gender outside of the gender binary. 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 Center hosts more than 15,000 events and activities every year. For example, [emailprotected], Stillwater MN, and auto registration AYP 197 are not included in PHI when they are not maintained with health information. Among women 18-44 years of age, 29 percent of bisexual women and 23 percent of lesbians are living in poverty, compared to 21 percent of their heterosexual counterparts. In most cases, this should mean that the provider cannot disclose a patients sexual orientation or 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. 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. 5. Learn how you can support our work today! Are there any other ways that private information about a patients health condition, sexual orientation or gender identity can be protected against disclosure by a healthcare provider? PHI 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. It is now more than twenty years since this Protected Health Information list was compiled and it is very out of date. WebHIPAA Identifiers. is Considered Protected Health Information Under HIPAA Gamarel, K. E., Reisner, S. L., Parsons, J. T., & Golub, S. A. 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). Breach News 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. 0 HIPAA should not be used as an excuse to deny rights to LGBTQ patients. 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. Steve is responsible for editorial policy regarding the topics covered on HIPAA Journal. What is Considered PHI Under HIPAA 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. TRANSGENDER 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. An individuals socioeconomic position may also be related to experiences of discrimination. Not all intersex folks identify as being part of the LGBTQIA+ community. When do medical providers have to tell patients about their privacy rights? However, it is important to be aware that HIPAA provides a federal floor of privacy protections. 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. Brown from New York. See below for a more detailed definition of each term, from GLAADs LGBTQ Media Reference Guide. 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. Psychosocial problems associated with homelessness in sexual minority youths. 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. Under HIPAA, PHI ceases to be PHI if it is stripped of all identifiers that can tie the information to an individual. TTD Number: 1-800-537-7697, Guidance on HIPAA, Same-sex Marriage, and Sharing Information with Patients Loved Ones, Content created by Office for Civil Rights (OCR), U.S. Department of Health & Human Services, has sub items, about Compliance & Enforcement, has sub items, about Covered Entities & Business Associates, Other Administrative Simplification Rules, http://www.hhs.gov/hipaa/for-professionals/faq/2086/does-hipaa-privacy-rule-permit-doctor-discuss-patient-s-health-status.html. %PDF-1.6 % Studies indicate that between 11 percent and 45 percentof all homeless youth identify as LGBTQ(Durso & Gates, 2012; Gattis, 2009; Wells, 2009). 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. 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). Regulatory Changes Injustice at every turn: A report of the National Transgender Discrimination Survey. 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. The term spouse includes all individuals who are in lawful marriages without regard to the sex of the individuals. Receive weekly HIPAA news directly via email, HIPAA News The federal rules do not free providers from their legal duties to comply with those more protective state laws. In most cases, this should mean that the provider cannot disclose a patients sexual orientation or gender identity without the patients consent. Out on the street: A public health and policy agenda for lesbian, gay, bisexual, and transgender youth who are homeless. The 18 i dentifiers that are considered PHI are included in OHRPP Guidance & SEXUAL ORIENTATION, GENDER IDENTITY (2012). This term describes someone who is questioning their sexual orientation or gender identity. www.healthprivacy.org, Lambda Legal | 120 Wall Street, 19th Floor, New York, NY 10005 | P - 212-809-8585. The impact of a higher minimum wage on poverty among same-sex couples. +PLUS. 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. 5. 27 0 obj <> endobj 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. PHI BISEXUAL HITECH News 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. 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). 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.