Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

LGBTQIA+ Patients and Discrimination in Healthcare

Client Alert
June 6, 2024

In early April, the Kaiser Family Foundation released a study outlining the challenges that LGBT adults face in the United States related to healthcare.[1] According to the study, LGBT patients are “twice as likely as non-LGBT adults to report negative experiences while receiving health care in the last three years, including being treated unfairly or with disrespect (33% v. 15%) or having at least one of several other negative experiences with a provider (61% v. 31%), including a provider assuming something about them without asking, suggesting they were personally to blame for a health problem, ignoring a direct request or question, or refusing to prescribe needed pain medication.”[2]

Additionally, the study showed that LGBT patients were more likely to have negative health care experiences in the past three years that caused their health to get worse and were less likely to seek care.[3] Lower income patients, as well as those who are younger, or are women, reportedly experience higher rates of discrimination and unfair treatment than older, male LGBT patients.

Avoiding Discrimination
Providers can take steps to make healthcare more inclusive for the LGBTQIA+ community, which includes lesbian, gay, bisexual, transgender, queer, intersex, and asexual individuals.

First, implementing an intake protocol to quickly identify LGBTQIA+ individuals can promote patient-centered care and foster an inclusive environment for all patients. For example, providers can include prompts such as gender history, sexual orientation, gender identity, and sex assigned at birth. Further, the method for collecting the information should be considered. Typically, utilizing a registration desk is least preferred by patients, however, other ideas include capturing information on paper or laminated forms with dry erase markers, electronic check-ins from the patient’s home, self-check-ins at the healthcare facility, or going over information in a private setting with a medical assistant, nurse, or other provider.

Additionally, gender and LGBTQIA+ status is considered protected health information (PHI) under HIPAA. Therefore, intake forms should include confidentiality and privacy language, and medical staff should be equipped to discuss HIPAA protections with patients to help them understand the security of their sensitive information.

Providers should also consider implementing training to identify and treat the unique health needs of LGBTQIA+ patients. Trainings can focus on improving patient-provider communication, enhancing patient-centered, compassionate care, and creating a safer and more inclusive environment.

The Joint Commission’s Field Guide recommends the following practices:

  1. Integrate unique LGBTQ+ patient needs into new policies or modify existing policies
  2. Review nondiscrimination and visitation policies, revise the definition of family
  3. Demonstrate ongoing commitment to inclusivity for LGBQT+ patients and families
  4. Develop a mechanism for reporting discrimination or disrespectful treatment[4]

Lastly, providers should ensure they are complying with local, state, and federal laws related to discrimination. Relevant federal laws to be aware of include the Public Health Services Act, which among other prohibitions, prohibits discrimination on the basis of age, race, color, national origin, disability, religion, or sex in programs, services, and activities funded by Preventative Health and Health Services Block Grants;[5] Section 1557 of the Affordable Care Act, which prohibits discrimination against individuals on the basis of race, color, national origin, sex, age and disability in covered health programs or activities; and the Emergency Medical Treatment and Labor Act (EMTALA), which requires Medicare-participating hospitals with emergency departments to provide medical screening examinations to any individual who comes to the emergency department and requests examination, regardless of ability to pay or insured status.[6]

If you have any questions regarding caring for LGBTQIA+ patients and avoiding discrimination, 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.  

[1] Kaiser Family Foundation, “LGBT Adults’ Experiences with Discrimination and Health Care Disparities: Findings from the KFF Survey of Racism, Discrimination, and Health” (Apr. 2, 2024) https://www.kff.org/racial-equity-and-health-policy/poll-finding/lgbt-adults-experiences-with-discrimination-and-health-care-disparities-findings-from-the-kff-survey-of-racism-discrimination-and-health/. 

[2] Id.

[3] Id.

[4] The Joint Commission, “Meeting the Needs of the LGBTQ+ Community – Then and Now” (June 25, 2023) https://www.jointcommission.org/resources/news-and-multimedia/blogs/advancing-health-care-equity/2022/06/meeting-the-needs-of-the-lgbtq-community/#:~:text=The%20Joint%20Commission's%20Field%20Guide,policies%20or%20modify%20existing%20policies. 

[5] 42 USC § 300w-7.

[6] 42 USC § 1395dd.

LGBTQIA+Protecting LGBTQ CommunityHealth LawHealthcareJeana SingletonRachel Stermer
Client Alert

Ohio Department of Health Releases Updated Charge Limits for Medical Records

March 7, 2022Under Ohio law, a healthcare provider or medical records company that receives a request for a copy of a patient's medical record may charge an amount in accordance with the limits set forth in Ohio Revised Code Section 3701.741. The allowable amounts are increased or decreased annually by the average percentage of increase or decrease in the consumer price index for all urban consumers, prepared by the United States Department of Labor, Bureau of Labor Statistics, for the immediately preceding calendar year over the calendar year immediately preceding that year, as reported by the Bureau. The Director of the Ohio Department of Health makes this determination and adjusts the amounts accordingly. The list is then published, here.Client Alert

No Surprises Act Compliance (Published by NAMAS, 2/25/22)

March 7, 2022The Department of Health and Human Services published three parts to the No Surprises Act towards the end of 2021, which took effect January 1, 2022. The Act is intended to protect consumers from “balance billing,” which occurs when a patient receives a bill with a higher price than they may have anticipated because they did not have knowledge that the provider or facility was out-of-network. The purpose of this article is to note certain requirements that compliance employees will need to be aware of at their facilities, including notice and consent, good faith estimates, and public disclosures.Client Alert

No Surprises Act and You (Published in the SCMS Winter 2022 Newsletter)

March 3, 2022Legislation has been adopted by the United States Congress and the Ohio Legislature known as the “No Surprises Act” which attempts to regulate billing by professionals and facilities to patients who are not in networks with those facilities or providers at those facilities. The federal bill was triggered by some sensational news stories of patients being billed for tens of thousands of dollars for emergency care when the hospital was out of the network under the patient’s insurance plans.Client Alert

Are You Impacted by the Project Labor Agreement Executive Order?

February 28, 2022Project Labor Agreements (PLAs) are a quasi-collective bargaining agreement between employers and unions. They establish the terms and conditions of employment, including dispute resolution. They are put into place on specific projects and apply to the contractor, whether it is union or non-union. Employees hired on the project will be treated as union.Client Alert

No Surprises Act Update: Federal Judge Strikes Portions of the No Surprises Act

February 25, 2022In a win for providers, a Texas federal court granted the Texas Medical Association’s (TMA) motion for summary judgment and struck down portions of a federal rule that establishes a reimbursement rate arbitration process between payors and providers under the No Surprises Act (NSA).
Older posts
Newer posts