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. Disclosing Your Sexual Orientation or Gender Identity 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). This guidance also updates and expands on related guidance issued in September 2014. Additional protections afforded by state laws: Second, some states have laws that provide additional protections for patients. 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. 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. In most cases, this should mean that the provider cannot disclose a patients sexual orientation or The U.S. legal system does not prohibit discrimination on the basis of sexual orientation and gender identity in several states, including workplace discrimination. All geographical subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes. 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. Your attendance and support helps make our work possible and furthers the connection that you have with the community. 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 Webof LGBT persons remains legally permitted. The following fraternities and sororities have adopted LGBTQ-inclusive policies at the national or institutional level. Do not confuse having an intersex trait with being transgender. 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. QUESTIONING Sometimes, when the Q is seen at the end of LGBT, it can also mean questioning. What is Considered PHI American Journal of Public Health, 103, 881-888. doi:10.2105/AJPH.2012.301040. 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. Sexual minority status and self-rated health: the importance of socioeconomic status, age, and sex. Those who identify and express their gender outside of the gender binary. This depends on the federal law. But not all transgender people can or will take those steps, and a transgender identity is not dependent upon physical appearance or medical procedures. 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. 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/wp-content/uploads/LGB-Poverty-Update Jun-2013.pdf, Badgett, M. V. L., & Schneebaum, A. 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 Steve is responsible for editorial policy regarding the topics covered on HIPAA Journal. %%EOF 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 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. The following 18 HIPAA identifiers will qualify as PHI if included in any written or electronic document or spoken conversation: Names. _'Q0X{rtW/Nfu/?7?6l&_j[/{V]WXbazq=8:_1~b3Z=y~r:(EOOf_?m`;zlG6WT^>}^\|{j1;WVxq1w'/g'Sto> 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. Lesbian, Gay, Bisexual, and Transgender Office on Socioeconomic Status (OSES) website. 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 federal privacy rules create certain protections against the disclosure of private information about patients, but those protections are not absolute. Mayo Clinic Call us or submit your legal questions online. HIPAA Copyright 2014-2023 HIPAA Journal. An incidental disclosure is a secondary, accidental disclosure that cannot reasonably be prevented, is limited in nature, and that occurs as a result of another disclosure permitted by the Privacy Rule for example, if a physician invites a health plan employee to his office to discuss payments, and the health plan employee passes a patient he or she recognizes in the waiting room. 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. For example, [emailprotected], Stillwater MN, and auto registration AYP 197 are not included in PHI when they are not maintained with 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. 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 Advice, Email Never Shared No permission required:> In a variety of other circumstances, a healthcare provider may disclose information about a patient without the patients consent. PHI Several factors that can help improve outcomes for LGBTQ+ young people include: Addressing LGBTQ+-related stigma, discrimination, and violence. INTERSEX Informal verbal permission required: In other circumstances, a provider must give the patient an informal opportunity to object before sharing private information about the patient. US EEOC Following are LGBT-specific sororities and women's fraternities. You'll receive email updates from HRC. 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. WebThis umbrella term includes people who have nonbinary, gender-fluid, or gender nonconforming identities. %%EOF WebEvidence indicates individuals who identify as lesbian, gay, bisexual, and/or transgender (LGBTQ) are especially susceptible to socioeconomic disadvantages. Sexual Orientation and Gender Identity About LGBTI people and human rights | OHCHR Retrieved from http://williamsinstitute.law.ucla.edu/wp-content/uploads/min-wage-simulation-april 2014.pdf, Durso, L. E., & Gates, G. J. Retrieved from http://www.hrc.org/state-maps/employment, Keuroghlian, A. S., Shtasel, D., & Bassuk, E. L. (2014). hbbd```b``V D@$? Defining LGBTQIA+ - The Lesbian, Gay, Bisexual & Transgender Fassinger, R. (2007, September). 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).