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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. 


Corporate Transparency Act Effective Again

The federal judiciary has issued multiple rulings on the enforceability of the Corporate Transparency Act (CTA), which took effect on January 1, 2024. Previously, enforcement was halted nationwide due to litigation in Smith v. U.S. Department of the Treasury. However, on February 18th, the court lifted the stay, reinstating the CTA’s reporting requirements. Non-exempt entities now have until March 21, 2025, to comply. Businesses should act promptly to avoid civil penalties of $591 per day and potential criminal liability.

Status Update: Physician Noncompete Agreements in Ohio

Noncompete agreements remain enforceable in Ohio if they meet specific legal requirements. While the AMA and FTC have challenged these restrictions, courts continue to uphold reasonable noncompete provisions for physicians. Recent cases, like MetroHealth System v. Khandelwal, highlight how courts may modify overly restrictive agreements to balance employer interests with patient care. With ongoing legal challenges to the FTC’s proposed ban, Ohio physicians should consult a healthcare attorney before signing or challenging a noncompete agreement.

Immigration Orders and Their Economic Impact on Small Business: Insights from Attorney and Former Immigration Judge Rob Ratliff

President Trump's recent executive orders, targeting immigration policies, could significantly impact small businesses in Ohio, particularly those owned by undocumented immigrants. With stricter visa vetting, halted refugee admissions, and potential deportations, these businesses face uncertainty, workforce disruption, and closures. Ohio's immigrant-owned businesses, especially in food services and transportation, contribute billions to the state economy, and any disruption could result in economic ripple effects.

Corporate Transparency Act Ruling from the U.S. Supreme Court

The U.S. Supreme Court recently ruled on the enforceability of the Corporate Transparency Act (CTA), lifting an injunction previously imposed by the Fifth Circuit. However, a separate nationwide injunction remains in effect, meaning businesses are still not required to comply with the CTA’s reporting requirements. FinCEN continues to accept voluntary reporting while enforcement remains paused.

Lead Paint Contamination and Resources for Ohio Landlords

Children are exposed to lead-based paint, which was used in most homes until it was banned in the US in 1978 and “can severely damage the brain and central nervous system causing coma, convulsions and even death.” Property owners and landlords should educate themselves on regulations and resources to mitigate their own liability.