4QyIyYEe]JQZ]Q)= TLFZU%b\2Z;~;9z=_+z>klyW'OOg}^?~=]^nZc(NP > For Professionals 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. However other federal laws exist that also protect health information in certain circumstances. On June 26, 2013, in United States v. Windsor, the Supreme Court held section 3 of the Defense of Marriage Act (DOMA) to be unconstitutional. > Special Topics Our Resource Center is a comprehensive guide connecting you to a wide range of personal resources and professional opportunities. View rooms, availability, services, and details on how to book for events and meetings at affordable prices. Consequently, in order to reduce the number of complaints to HHS Office for Civil Rights, it is advisable for Covered Entities and Business Associates to ensure all members of the workforce have a thorough understanding of what is considered Protected Health Information under HIPAA not only to answer patients questions, but also to carry out their functions within the Covered Entity or Business Associate in compliance with HIPAA. 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. What is Considered PHI Under HIPAA Psychosocial problems associated with homelessness in sexual minority youths. 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. 5. Psychology of Sexual Orientation and Gender Diversity, 1, 383-397. doi:10.1037/sgd0000067, National Alliance to End Homelessness. Before explaining these terms, it is useful to first explain what is meant by health information, of which protected health information is 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. Although the term combination is used, PHI can be a single item for example, a picture of a baby sent to a pediatrician. WebEvidence indicates individuals who identify as lesbian, gay, bisexual, and/or transgender (LGBTQ) are especially susceptible to socioeconomic disadvantages. 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. %PDF-1.6 % Call us or submit your legal questions online. 2023 Lesbian & Gay Community Services Center, Inc. Bureau of General Services Queer Division. Following are LGBT-specific fraternities. This fact sheet includes some basic information about the federal privacy regulations, but the information is not comprehensive. 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. 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. 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 PHI is an acronym of Protected Health Information, while PII is an acronym of Personally Identifiable Information. Disclosing Your Sexual Orientation or Gender Identity 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. You'll receive email updates from HRC. Toll Free Call Center: 1-800-368-1019 Sexual minority status and self-rated health: the importance of socioeconomic status, age, and sex. WebHowever, when a provider discloses information about a patient, the provider usually must try to reveal as little private information as possible. 137 0 obj <> endobj SEXUAL ORIENTATION, GENDER IDENTITY hb`````Z $e@@,&gY1e*b>|9! Information about sexual orientation and gender identity is an essential part of any medical history. 'K`2 /* is Considered Protected Health Information Under HIPAA HIPAA It is because of scenarios such as this that there is no list of Protected Health Information. Those who identify and express their gender outside of the gender binary. WebEvidence indicates individuals who identify as lesbian, gay, bisexual, and/or transgender (LGBTQ) are especially susceptible to socioeconomic disadvantages. Protected Health Information is health information (i.e., a diagnosis, a test result, an x-ray, etc.) Evidence indicates individuals who identify as lesbian, gay, bisexual, and/or transgender (LGBTQ) are especially susceptible to socioeconomic disadvantages. HIPAA hZnI|E!xX.7nV9YFF!+BQFgh-xC9 Delivered via email so please ensure you enter your email address correctly. However, when non-health information is maintained outside the record set, the protections do not apply. The following 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Names. For professionals looking for internship opportunities with The Center to those looking to further their understanding of the LGBT community, find resources designed to enhance your professional experience. If identifiers are removed, the health information is referred to as de-identified PHI. American Journal of Public Health, 103, 881-888. doi:10.2105/AJPH.2012.301040. Similarly, any health information provided to any federal government agency is protected by the Privacy Act, while any health information maintained about a student by a school is protected by FERPA. Nineteen percent of transgender individuals in one study reported having been refused a home or apartment and 11 percent reported being evicted because of their gender identity or expression (Grant, Mottet, & Tanis, 2011). Sexual Orientation and Gender Identity 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. 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. 5. New patterns of poverty in the lesbian, gay, and bisexual community. Protected Health Information can be any information relating to an individual that is maintained in the same record set as the individuals health information. What is Considered PHI Protected Health Information 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. Covered entities are allowed to disclose PHI for treatment, payment, and health care operations. 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. 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. Protected Health Information With regards to written authorizations, it is important to be aware that individuals have the right to revoke their authorizations at any time. One of the primary reasons for HIPAA-related complaints to HHS Office for Civil Rights is a lack of understanding about what is considered Protected Health Information under HIPAA. 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). 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. If a patient believes that a healthcare provider has violated the privacy rules, the patient may either (1) file a written complaint with the Department of Health and Human Services (HHS) within 180 days of the violation, or (2) file a complaint with the provider. This term describes someone who is questioning their sexual orientation or gender identity. Evidence has shown that gay and bisexual men who earned higher incomes were significantly less likely to report discrimination compared to those of lower socioeconomic position. Since 1983 The Center has been supporting, fostering and celebrating the LGBT community of New York City. GAY Washington, DC: National Center for Transgender Equality and National Gay and Lesbian Task Force. Grant, J. M., Mottet, L. A., Tanis, J., Harrison, J., Herman, J. L., & Keisling, M. (2011). This guidance also updates and expands on related guidance issued in September 2014. This field is for validation purposes and should be left unchanged. > HIPAA Home 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 About LGBTI people and human rights | OHCHR 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). Under HIPAA, PHI ceases to be PHI if it is stripped of all identifiers that can tie the information to an individual. However, when a provider discloses information about a patient, the provider usually must try to reveal as little private information as possible. Sexual Orientation and Gender Identity It is important to note that these definitions only apply to health care providers, health plans, and health care clearing houses that qualify as HIPAA Covered Entities, and only to Business Associates while they are performing a service for or on behalf of a Covered Entity. From relationships to parenthood, we can guide and connect you throughout your journey. These policies are openly shared and are specific, rather than general non-discrimination statements. An umbrella term for people whose gender identity and/or gender expression differs from what is typically associated with the sex they were assigned at birth. 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. Do not confuse having an intersex trait with being transgender. All geographical subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes. Retrieved from http://www.hrc.org/state-maps/employment, Keuroghlian, A. S., Shtasel, D., & Bassuk, E. L. (2014). Sexual Orientation and Gender Identity Steve is responsible for editorial policy regarding the topics covered on HIPAA Journal. Not all intersex folks identify as being part of the LGBTQIA+ community. This umbrella term includes people who have nonbinary, gender-fluid, or gender nonconforming identities. 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 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. 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. WebThis umbrella term includes people who have nonbinary, gender-fluid, or gender nonconforming identities. In a perfect world, an explanation of what HIPAA Protected Health Information is would be covered in the Notice of Privacy Practices. 5221 Paramount Parkway The Human Rights Campaign uses cookies to improve your site experience. PowerPoint presented at the American Psychological Association Fall Board Committee Meeting, Washington, DC. For example, many states broadly prohibit healthcare providers and laboratories from disclosing patients HIV test results except in certain circumstances. 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. 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. A study of transgender adults in the United States found that participants were nearly 4 times more likely to have a household income of less than $10,000 per year compared to the general population. To sign up for updates or to access your subscriber preferences, please enter your contact information below. 0 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. LGBTQIA+ is an abbreviation for lesbian, gay, bisexual, transgender, queer or questioning, intersex, asexual, and more. 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. Defining LGBTQIA+ - The Lesbian, Gay, Bisexual & Transgender All geographical subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes. About LGBTI people and human rights | OHCHR 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. 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. 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. 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. In most cases, this should mean that the provider cannot disclose a patients sexual orientation or 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. 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.