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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. 


Florida's Recent Ruling on Arbitration Clauses

Florida’s recent ruling on arbitration clauses provides a crucial distinction in determining whether such clauses are void as against public policy and providers may have the opportunity to include arbitration clauses in their patient consent forms. On March 6, 2024, Florida’s Fourth District Court of Appeals reversed and remanded Florida’s Fifteenth Circuit Court ruling of Piero Palacios v. Sharnice Lawson. The Court of Appeals ruled that the parties’ arbitration agreement did not contradict the Legislature’s intent of Florida’s Medical Malpractice Act (the “MMA”), but rather reflects the parties’ choice to arbitrate claims entirely outside of the MMA’s framework. Therefore, the Court found that the agreement was not void as against public policy.

Corporate Transparency Act Update 3/14/24

On March 1, 2024, a federal district court in the Northern District of Alabama concluded that the Corporate Transparency Act (“CTA”) exceeded Congressional powers and enjoined the Department of the Treasury from enforcing the CTA against the plaintiffs. National Small Business United v. Yellen, No. 5:22-cv-01448 (N.D. Ala.). On March 11, 2024, the U.S. Department of Justice appealed the district court’s decision to the Eleventh Circuit Court of Appeals.

The Ohio State University Launches Its Accelerated Bachelor of Science in Nursing Program

In response to Ohio’s nursing shortage, The Ohio State University College of Nursing is accepting applications for its new Accelerated Bachelor of Science in Nursing program (aBSN). Created for students with a bachelor’s degree in non-nursing fields, the aBSN allows such students to obtain their nursing degree within 18 months. All aBSN students will participate in high-quality coursework and gain valuable clinical experience. Upon completion of the program, graduates will be eligible to take the State Board, National Council of Licensure Exam for Registered Nursing (NCLEX-RN).

Another Transparency Obligation: The FinCEN Beneficial Ownership Information Reporting Requirements

Many physician practices and healthcare businesses are facing a new set of federal transparency requirements that require action now. The U.S. Department of Treasury Financial Crimes Enforcement Network (“FinCEN”) Beneficial Ownership Information Reporting Requirements (the “Rule”), which was promulgated pursuant to the 2021 bipartisan Corporate Transparency Act, is intended to help curb illegal finance and other impermissible activity in the United States.

“In for a Penny, in for a Pound” is No Longer the Case for Florida Lawyers

On April 1, 2024, newly adopted Rule 1.041 to the Florida Rules of Civil Procedures goes into effect which creates a procedure for an attorney to appear in a limited manner in civil proceedings.  Currently, when a Florida attorney appears in a civil proceeding, he or she is reasonable for handling all aspects of the case for their client.  This new rule authorizes an attorney to file a notice limiting the attorney’s appearance to particular proceedings or specified matters prior to any appearance before the court.  For example, an attorney can now appear for the limited purpose of filing and arguing a motion to dismiss.  Once the motion to dismiss is heard by the court, the attorney may file a notice of termination of limited appearance and will have no further obligations in the case.