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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. 


Ohio Appellate Court Rules in Favor of Gender-Affirming Care

On March 18, 2025, the 10th District Court of Appeals in Franklin County ruled that Ohio’s House Bill (HB) 68, which restricts puberty blockers and hormone therapy for minors seeking gender-affirming care, violates the Health Care Freedom Amendment and is therefore unenforceable. The court found that the law unlawfully interferes with parental rights and medical decision-making. The case, Moe v. Yost, has been remanded, and Ohio Attorney General Dave Yost intends to appeal.

HHS Revokes Public Comment Requirement on Certain Policy Changes

The U.S. Department of Health and Human Services (HHS) has revoked the Richardson Waiver, eliminating the requirement for public notice and comment on certain policy changes. This decision allows HHS to implement new policies more quickly, potentially affecting healthcare funding rules like Medicaid work requirements. While it speeds up policymaking, it also reduces opportunities for stakeholder input, raising concerns over transparency and unintended consequences for healthcare providers, states, and patients.

Don't Get Caught Dazed and Confused: Another Florida Court Weighs in on Employer Obligations to Accommodate Medical Marijuana Use

A Florida trial court ruled in Giambrone v. Hillsborough County that employers may need to accommodate off-duty medical marijuana use under the Florida Civil Rights Act (FCRA). This contrasts with prior rulings and raises new compliance challenges for employers. With the case on appeal, now is the time to review workplace drug policies.

Corporate Transparency Act to be Re-evaluated

Recent federal rulings have impacted the enforceability of the Corporate Transparency Act (CTA), which took effect on January 1, 2024. While reporting requirements were briefly reinstated, FinCEN has now paused enforcement and is reevaluating the CTA. Businesses are no longer required to submit reports until further guidance is issued. For updates and legal counsel, contact BMD Member Blake Gerney.

Ohio Recovery Housing Operators Beware: House Bill 58 Seeks to Make Major Changes

Ohio House Bill 58 proposes significant changes to recovery housing oversight, granting ADAMH Boards authority to inspect and investigate recovery residences. The bill also introduces a Certificate of Need (CON) program, requiring state approval for major facility changes. OMHAS will assess applications based on cost, quality, accessibility, and financial feasibility. The bill also establishes a recovery housing residence fund to support inspections. For more information, contact BMD attorneys Daphne Kackloudis or Jordan Burdick.