Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

Health Care Inclusivity for the LGBTQIA+ Community

Client Alert

The LGBTQIA+ community, which includes lesbian, gay, bisexual, transgender, queer, intersex, and asexual individuals, largely suffers from disparate health outcomes in the United States, and approximately one quarter of the LGBTQIA+ population either avoids or delays receiving healthcare services due to fear of discrimination.

Healthcare providers, regardless of practice setting, should be aware of the healthcare disparities for LGBTQIA+ individuals, and ways in which they can be more inclusive of these individuals by making modifications to their practices.

Intake Process

First, the patient intake process can be modified by addressing sexual orientation and gender identity. For example, the intake form can allow patients to select their sexual orientation, current gender identity, sex assigned at birth, and their preferred name. These questions not only foster an inclusive environment for LGBTQIA+ individuals but allows providers to render appropriate care. In order to reduce anxieties, providers can consider providing laminated intake forms with dry erase markers, implementing a self-check-in system, or an at-home check-in system. This allows patients to discuss their sexual orientation and gender identity in a more private setting and eliminates the need to speak with someone directly.

Medical Records

In addition, providers can update their documentation processes to ensure that patient sexual orientation and gender identify are included in the medical records. This includes capturing both the patient’s sex assigned at birth and current gender identity, and the patient’s legal name and preferred name, along with preferred pronouns.

LGBTQIA+ Patient-Centered Trainings

Another way to foster a safe and inclusive environment for the LGBTQIA+ community is to implement practice-wide training for all employees. This can include training to identify and treat the unique health needs of this specific patient population, improve patient-provider communication, and enhance compassionate care.

The Joint Commission published a Field Guide, which includes recommendations for training topics. The publication also discusses how providers can be inclusive of LGBTQIA+ employees, such as through recruitment and hiring, and employee support.

If you have any questions regarding how to improve patient care for the LGBTQIA+ community, or about LGBTQIA+ in healthcare in general, please don’t hesitate to contact BMD Health Law Group Member Jeana M. Singleton at jmsingleton@bmdllc.com or 330-253-2001, or BMD Attorney Rachel Stermer at rcstermer@bmdllc.com or 330-253-2019. 


What Inpatient Behavioral Health Providers Need to Know About ODM's New Draft Rule for Reimbursements

Ohio Department of Medicaid (ODM) recently released a draft rule that will transform how inpatient behavioral health services are reimbursed for some hospitals. ODM will migrate inpatient payments for behavioral health and substance use disorder services (BH/SUD) provided by freestanding psychiatric hospitals (FSPs) from the APR-DRG payment methodology to a per diem payment methodology derived from the APR-DRG system.

BMD Named to the 2024 U.S. News – Best Lawyers® “Best Law Firms”

Brennan Manna & Diamond (BMD) is recognized among the leading law firms in the nation according to the 2024 Edition of U.S. News – Best Lawyers®  "Best Law Firms." The firm has ranked in in 13 practice areas and has earned “National Tier 1” rankings in Health Care Law and Litigation-Trusts & Estates.

Friendly Physician Models: The Basics Through 5 Frequently Asked Questions

During the past several years, many health law practices have noticed a dramatic increase in the number of telehealth businesses and private equity backed health care providers. Both of these trends often rely heavily on corporate structures commonly referred to as “friendly physician,” “captive PC” or “MSO” models. Although friendly physician models are used by non-physician health care providers (e.g., physical therapists, psychologists, and dentists), this article focuses on physicians and how the model is used in connection with the provision of professional medical services.

The DOL and EEOC Enter a Partnership to Strengthen Federal Employment Law Enforcement

On September 13, the U.S. Department of Labor’s (DOL) Wage and Hour Division and the Equal Employment Opportunity Commission (EEOC) entered into a Memorandum of Understanding (MOU) agreeing to work together in enforcing federal employment laws. The MOU forms a partnership between the two agencies to encourage coordination through information sharing, joint investigations, training, and outreach.

Proposed Laboratory Arrangement Draws Heightened Scrutiny from the OIG

On September 25, 2023, the Office of Inspector General for the U.S. Department of Health and Human Services (OIG) issued Advisory Opinion 23-06 (AO). The Opinion involved a proposed arrangement between an independent laboratory and other physician laboratories for the purchase of the technical component of anatomic pathology services. The OIG ultimately concluded that the arrangement at issue, if it was entered into with the requisite intent, would implicate the Federal Anti-Kickback Statute (AKS) and constitute grounds for sanctions.