HIPAA and LGBTQ+ Healthcare Equality

Produced by the HRC Foundation

From time to time, the Health Insurance Portability and Accountability Act is incorrectly cited as an obstacle to hospital visitation rights and decision-making authority for LGBTQ+ families. On the contrary, HIPAA specifically provides a mechanism for patients to indicate their wishes in these areas.

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. 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.

HIPAA should not be used as an excuse to deny rights to LGBTQ+ patients. Under HIPAA regulations, hospitals may use or disclose a patient’s protected health information to a family member, other relative, close personal friend or any other person the patient identifies. The law respects the patient’s wishes on matters of privacy and confidentiality.

As an added layer of protection, legal experts advise that patients express their wishes regarding hospital visitation, medical decision-making and other health issues by completing advanced healthcare directives.

The Human Rights Campaign reports on news, events and resources of the Human Rights Campaign Foundation that are of interest to the general public and further our common mission to support the LGBTQ+ community.
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