is lgbtq status considered phi

See below for a more detailed definition of each term, from GLAADs LGBTQ Media Reference Guide. Sexual Orientation and Gender Identity To best understand what is considered Protect Health Information under HIPAA it is necessary to review not only the definition of Protected Health Information under HIPAA in 45 CFR 160.103, but also the definitions of health information, individually identifiable health information, and designated record set. 1. 27 0 obj <> endobj WebHowever, when a provider discloses information about a patient, the provider usually must try to reveal as little private information as possible. Stay up to date on legislation and policies that explore and work to eliminate socioeconomic disparities. %%EOF (2013). www.hipaadvisory.com 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. This term describes someone who is questioning their sexual orientation or gender identity. Retrieved from http://www.endhomelessness.org/library/entry/national-recommended-best-practices-for-serving-lgbt-homeless-youth, Rosario, M., Schrimshaw, E. W., & Hunter, J. The Center remains committed to addressing these challenges by providing you and your loved ones with LGBT-specific recovery services and support. 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. Your contributions make our work possible! Several factors that can help improve outcomes for LGBTQ+ young people include: Addressing LGBTQ+-related stigma, discrimination, and violence. 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. 2023 Lesbian & Gay Community Services Center, Inc. Bureau of General Services Queer Division. These terms are used to describe a persons sexual orientation or gender identity. 'K`2 Defining LGBTQIA+ - The Lesbian, Gay, Bisexual & Transgender 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. What rights do the new privacy rules grant to patients? 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. > For Professionals 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. Some undergo surgery as well. LGBTQIA+ is an abbreviation for lesbian, gay, bisexual, transgender, queer or questioning, intersex, asexual, and more. 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 Mayo Clinic 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. These barriers, including workplace and housing discrimination, can result in increasing SES disparities for LGBTQ persons and families. Many examples of Protected Health Information refer to the PHI identifiers listed under the safe harbor method of de-identification in 45 CFR 164.514. 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. Washington, D.C. 20201 The FAQ emphasizes that HIPAA does not limit any permitted disclosures based on the sex or gender identity of the recipient of the information. All other requests for access to information under HIPAA must be accompanied by a written authorization from the patient. American Journal of Orthopsychiatry, 84, 66-72. doi:10.1037/h0098852, McGarrity, L. A. For example, the Privacy Rule allows covered entities to share information about the patients care with family members in various circumstances. Webof LGBT persons remains legally permitted. 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. For example, [emailprotected], Stillwater MN, and auto registration AYP 197 are not included in PHI when they are not maintained with health information. Find more information on us and our work in About The Center. If the patient files a complaint with HHS, and HHS agrees that the rules have been violated, HHS may impose a fine on the provider or, in rare cases, pursue criminal charges. Any disclosure of HIPAA data (that qualifies as Protected Health Information) that is not permitted by the Privacy Rule or that is not authorized by the individual to whom the data relates is a violation of HIPAA. Additional protections afforded by state laws: Second, some states have laws that provide additional protections for patients. If identifiers are removed, the health information is referred to as de-identified PHI. 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? Retrieved from http://williamsinstitute.law.ucla.edu/wp-content/uploads/LGB-Poverty-Update Jun-2013.pdf, Badgett, M. V. L., & Schneebaum, A. 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. Psychosocial problems associated with homelessness in sexual minority youths. With regards to written authorizations, it is important to be aware that individuals have the right to revoke their authorizations at any time. 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 The adjective describes a person who does not experience sexual attraction. HIPAA should not be used as an excuse to deny rights to LGBTQ patients. From LGBT-friendly hotels, bookstores and attractions to anonymous HIV testing sites, find out more about what NYC has to offer you. WebEvidence indicates individuals who identify as lesbian, gay, bisexual, and/or transgender (LGBTQ) are especially susceptible to socioeconomic disadvantages. 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. LGBT and LGBT-friendly fraternities and sororities Not all intersex folks identify as being part of the LGBTQIA+ community. The Center is a hub for LGBTQ community organizing and innovation, a catalyst for progressive social change and a provider of critical services for the LGBTQ community. HIPAA protected information is most often considered to be the contents of a designated record set i.e., both the health information in the designated record set and any non-health information that identifies or could be used to identify the subject of the health information. Importantly, this also includes any data relating to a family member, friend, or employer that could identify the individual. +PLUS. (2012). 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 HIPAA Journal is the leading provider of news, updates, and independent advice for HIPAA compliance. 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). 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. HIPAA and LGBTQ Healthcare Equality Sexual Orientation and Gender Identity To learn more, please read our Privacy Policy. Thus, SES is inherently related to the rights, quality of life, and general well-being of LGBTQ persons. into their membership. LGBTQ community rejects false association with 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. 84 0 obj <>stream Collecting Sexual Orientation and Gender Identity Information www.healthprivacy.org, Lambda Legal | 120 Wall Street, 19th Floor, New York, NY 10005 | P - 212-809-8585. 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). Our Resource Center is a comprehensive guide connecting you to a wide range of personal resources and professional opportunities. 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. 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. HIPAA protects the privacy of individually identifiable health information via the provisions of the Privacy Rule. (2017). Delivered via email so please ensure you enter your email address correctly. 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. 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. 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. 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. SEXUAL ORIENTATION, GENDER IDENTITY

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