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. Get Insured - Affordable Care Act Resources for the LGBTQ Community. 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. 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. Sexual orientation and gender identity. Status endstream endobj startxref This is a 'list of LGBT and LGBT-friendly fraternities and sororities. You'll receive email updates from HRC. doi:10.1007/s10964-011-9681-3, Thomeer, M. B. First, it depends on whether an identifier is included in the same record set. %%EOF 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. The U.S. legal system does not prohibit discrimination on the basis of sexual orientation and gender identity in several states, including workplace discrimination. HIPAA is a 1996 federal law that is intended to improve the portability and continuity of health insurance coverage and to establish national health information privacy standards. 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. Thank you for being our partner in serving and supporting the LGBT community. Studies indicate that between 11 percent and 45 percentof all homeless youth identify as LGBTQ(Durso & Gates, 2012; Gattis, 2009; Wells, 2009). 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. First, it depends on whether an identifier is included in the same record set. The following 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Names. Those who identify and express their gender outside of the gender binary. 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). A HIPAA violation of this nature is usually considered to be a data breach; and, depending on the consequences of the violation, may have to be reported to HHS Office for Civil Rights. Journal of Youth and Adolescence, 41, 544560. However, it is important to be aware that HIPAA provides a federal floor of privacy protections. This umbrella term includes people who have nonbinary, gender-fluid, or gender nonconforming identities. All covered entities and business associates are required to conduct frequent risk analyses in order to identify threats to the integrity of PHI. 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. HIPAA should not be used as an excuse to deny rights to LGBTQ patients. The FAQ emphasizes that HIPAA does not limit any permitted disclosures based on the sex or gender identity of the recipient of the information. The federal rules do not free providers from their legal duties to comply with those more protective state laws. State maps of laws and policies: Employment. See below for a more detailed definition of each term, from GLAADs LGBTQ Media Reference Guide. An adjective used by some people whose sexual orientation is not exclusively heterosexual or straight. This term describes someone who is questioning their sexual orientation or gender identity. These policies are openly shared and are specific, rather than general non-discrimination statements. It is now more than twenty years since this Protected Health Information list was compiled and it is very out of date. The following 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Names. This depends on the federal law. If identifiers are removed, the health information is referred to as de-identified PHI. open to any individual who identifies as a woman, regardless of the gender assigned at birth. Your contributions make our work possible! 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. Find more information on us and our work in About The Center. Consider SES in your education, practice, and research efforts. inclusive of all men, regardless of assigned sex at birth. is Considered Protected Health Information Under HIPAA What kind of information is covered by the privacy rules? Discrimination against LGBT persons in the workplace is a significant factor in socioeconomic differences for LGBT persons (McGarrity, 2014). 100% of every HRC merchandise purchase fuels the fight for equality. From LGBT-friendly hotels, bookstores and attractions to anonymous HIV testing sites, find out more about what NYC has to offer you. 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. Receive weekly HIPAA news directly via email, HIPAA News HIPAA For instance, such verbal agreement is usually required before disclosing information to a patients friends or family. 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. Retrieved from http://www.hrc.org/press/hrc-hails-historic-eeoc-ruling-on-employment-discrimination, Human Rights Campaign. For more information about the regulations, we encourage you to visit any of these web sites: www.hhs.gov/ocr/ $("#wpforms-form-28602 .wpforms-submit-container").appendTo(".submit-placement"); To sign up for updates or to access your subscriber preferences, please enter your contact information below. 20 percent of gay men and 25 percent of bisexual men 18-44 years of age are living at or below the federal level of poverty, compared to 15 percent of heterosexual men. Protected Health Information Retrieved from http://williamsinstitute.law.ucla.edu/research/workplace/testimony-s811-061212/, Badgett, M. V. L., Durso, L. E., & Schneebaum, A. 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. Retrieved from http://www.hrc.org/state-maps/employment, Keuroghlian, A. S., Shtasel, D., & Bassuk, E. L. (2014). Not all intersex folks identify as being part of the LGBTQIA+ community. This decision expanded federal recognition of the rights of individuals in same-sex marriages, but did not resolve the status of such rights under state law. For as many ways as you can define family, The Center is here to provide support. Visit the. 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. 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. WebHowever, when a provider discloses information about a patient, the provider usually must try to reveal as little private information as possible. 4QyIyYEe]JQZ]Q)= TLFZU%b\2Z;~;9z=_+z>klyW'OOg}^?~=]^nZc(NP Those who identify and express their gender outside of the gender binary. The plus is used to signify all of the gender identities and sexual orientations thatletters and words cannot yet fully describe. It is because of scenarios such as this that there is no list of Protected Health Information. _'Q0X{rtW/Nfu/?7?6l&_j[/{V]WXbazq=8:_1~b3Z=y~r:(EOOf_?m`;zlG6WT^>}^\|{j1;WVxq1w'/g'Sto> 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. 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 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). Mayo Clinic endstream endobj startxref 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. In determining who is considered a personal representative, and thus able to act on behalf of an individual and exercise the individuals rights under HIPAA, the Privacy Rule generally looks to state laws governing which persons have authority to act on behalf of an individual in making decisions related to health care. Discrimination against LGBT persons in the workplace is a significant factor in socioeconomic differences for LGBT persons (McGarrity, 2014). Retrieved from http://williamsinstitute.law.ucla.edu/wp-content/uploads/min-wage-simulation-april 2014.pdf, Durso, L. E., & Gates, G. J. All rights reserved. LGBT and LGBT-friendly fraternities and sororities Webof LGBT persons remains legally permitted. > HIPAA Home Find more LGBTQ information and resources by visiting our resource center or by giving us a call at 212.620.7310. WebThis umbrella term includes people who have nonbinary, gender-fluid, or gender nonconforming identities. 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. New federal regulations that went into effect in April 2003 help to clarify the rights of LGBT persons and the responsibilities of health care providers regarding the confidentiality of medical information. Steve has developed a deep understanding of regulatory issues surrounding the use of information technology in the healthcare industry and has written hundreds of articles on HIPAA-related topics. First, it depends on whether an identifier is included in the same record set. The term spouse includes all individuals who are in lawful marriages without regard to the sex of the individuals. PHI In many cases, discrimination against and unfair treatment of LGBTQ persons remains legally permitted. 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. Retrieved from http://williamsinstitute.law.ucla.edu/wp-content/uploads/LGB-Poverty-Update Jun-2013.pdf, Badgett, M. V. L., & Schneebaum, A. 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. 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. The following 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Privacy Out on the street: A public health and policy agenda for lesbian, gay, bisexual, and transgender youth who are homeless. Several factors that can help improve outcomes for LGBTQ+ young people include: Addressing LGBTQ+-related stigma, discrimination, and violence. 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. One of the most common is students health information when it is created, received, maintained, or transmitted by a school or college; for although the school or college may qualify as a covered entity, students medical records are considered to be part of their educational records under FERPA. 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. The 18 i dentifiers that are considered PHI are included in OHRPP Guidance & Because a single data breach can affect many thousands of individuals, it is not surprising to see impermissible uses and disclosures at the top of the list. 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. The Canadian Journal of Human Sexuality, 18(4), 221-229. Journal of Human Behavior in the Social Environment, 19, 1066-1094. doi:10.1080/10911350902990478. No permission required:> In a variety of other circumstances, a healthcare provider may disclose information about a patient without the patients consent. 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. HIPAA WebHIPAA Identifiers. American Journal of Orthopsychiatry, 84, 66-72. doi:10.1037/h0098852, McGarrity, L. A. WebHIPAA Identifiers. Evidence indicates individuals who identify as lesbian, gay, bisexual, and/or transgender (LGBTQ) are especially susceptible to socioeconomic disadvantages. WebLGBT fraternities and sororities have existed since the 1980s, with Delta Phi Upsilon being established in 1985 and Delta Lambda Phi in 1986. U.S. Department of Health & Human Services Sexual minority status and self-rated health: the importance of socioeconomic status, age, and sex. Several factors that can help improve outcomes for LGBTQ+ young people include: Addressing LGBTQ+-related stigma, discrimination, and violence. On this Wikipedia the language links are at the top of the page across from the article title. 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). The impact of a higher minimum wage on poverty among same-sex couples. For example, HIPAA laws protect health information relating to an individuals past, present, or future physical or mental health condition, treatment for the condition, and payment for treatment. 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 If identifiers are removed, the health information is referred to as de-identified PHI. (2013). HIPAA should not be used as an excuse to deny rights to LGBTQ patients. HIPAA and LGBTQ Healthcare Equality Psychology of Sexual Orientation and Gender Diversity, 1, 383-397. doi:10.1037/sgd0000067, National Alliance to End Homelessness. Collecting Sexual Orientation and Gender Identity Information that is maintained in the same record set as individually identifiable information (i.e., a name, an address, a phone number, etc.). hZnI|E!xX.7nV9YFF!+BQFgh-xC9 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. LGBTQ community rejects false association with 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. LGBTQyouth experience homelessness at a disproportionate rate. People who are transgender or gender diverse include: Those who have a gender identity that differs from the sex assigned to them at birth. Collecting Sexual Orientation and Gender Identity Information 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. The U.S. legal system does not prohibit discrimination on the basis of sexual orientation and gender identity in several states, including workplace discrimination. Defining LGBTQIA+ - The Lesbian, Gay, Bisexual & Transgender 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. To find groups and events happening at The Center, visit our calendar of events, or sign up for our newsletter, Center Happenings, below. 185 0 obj <>stream 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. Do not confuse having an intersex trait with being transgender. WebHIPAA Identifiers. 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. Many of these organizations are not HIPAA covered entities and therefore not required to comply with HIPAA. 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. LGBTQIA+ is an abbreviation for lesbian, gay, bisexual, transgender, queer or questioning, intersex, asexual, and more. 5. (2017). 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. Raising the federal minimum wage would benefit LGBTQ individuals and couples in the United States. This guidance also updates and expands on related guidance issued in September 2014. (2013). Thus, SES is inherently related to the rights, quality of life, and general well-being of LGBTQ persons. 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. 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. 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. 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. 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 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. Retrieved from http://williamsinstitute.law.ucla.edu/research/safe-schools-and-youth/serving-our-youth-july-2012/. 27 0 obj <> endobj However, when non-health information is maintained outside the record set, the protections do not apply. 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. 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. A person who can form enduring physical, romantic, and/or emotional attractions to those of the same gender or more than one gender. 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 is Considered PHI HRC hails historic EEOC ruling on employment discrimination [Press release]. With regards to written authorizations, it is important to be aware that individuals have the right to revoke their authorizations at any time. The Human Rights Campaign uses cookies to improve your site experience. 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. The Centers annual events are a time for celebration, joy, pride and connection. Protected Health Information can be any information relating to an individual that is maintained in the same record set as the individuals health information. Call us or submit your legal questions online. 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 BISEXUAL 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. 0 All health information relating to an individuals past, present, or future physical or mental health or condition, the provision of health care to the individual; or the past, present, or future payment for the provision of health care to the individual when the health information is maintained in a record set with any PHI identifier. From relationships to parenthood, we can guide and connect you throughout your journey. American Journal of Public Health, 103, 881-888. doi:10.2105/AJPH.2012.301040. Gamarel, K. E., Reisner, S. L., Parsons, J. T., & Golub, S. A. 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. 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. 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. (2012). Any gender information maintained or transmitted by an organization not covered by HIPAA is not PHI. 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. People who are transgender or gender diverse include: Those who have a gender identity that differs from the sex assigned to them at birth. 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. 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. You can unsubscribe at any time. It can also accelerate the flow of information within a health care facility when members of the workforce understand that not every piece of information relating to a patient has to be locked down behind access controls. 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. SEXUAL ORIENTATION, GENDER IDENTITY Defining LGBTQIA+ - The Lesbian, Gay, Bisexual & Transgender Disclosing Your Sexual Orientation or Gender Identity Twenty states and the District of Columbia currently prohibit discrimination in the workplace based on sexual orientation and gender identity (Human Rights Campaign, 2017).