This section is designed to familiarize an organization with best practices, from The Joint Commission and other sources, to enhance care for transgender patients, who can face an exceptional degree of discomfort and bias. A large survey by Lambda Legal revealed that 70% of transgender respondents had experienced serious discrimination in healthcare. In a 2011 survey of over 6,000 transgender Americans, 19% of the respondents reported being refused healthcare due to their transgender or gender-nonconforming status, with an additional 28% having postponed necessary healthcare when sick or injured, and 33% having delayed or not sought preventative care because of experiences of healthcare discrimination based on their transgender status.
This subsection of the Patient Services and Support Criteria includes 5 of the 18 scored best practices.
Scored best practices include:
To receive credit, a facility must have:
An official written official policy (or policies) or procedure(s) which cover at least 3 of the areas listed in the survey.
More information:
The creation of policies and procedures aimed at eliminating bias and insensitivity, and ensuring appropriate, welcoming interactions with transgender patients and training staff on these policies is particularly important in light of Section 1557 of the Affordable Care Act. Section 1557 prohibits sex discrimination in any hospital or health program that receives federal funds, and courts and the U.S. Department of Health & Human Services, Office of Civil Rights (OCR), has made it clear that this prohibition extends to claims of discrimination based on gender identity and sex stereotyping.
For more information about best practices for care of transgender patients and sample policies, see the publication Creating Equal Access to Quality Health Care for Transgender Patients: Transgender-Affirming Hospital Policies, from HRC Foundation, Lambda Legal, and the LGBT Rights Committee of the New York City Bar Association.
This official written policy (or policies) needs to covers at least three of the topics following topics. This is a different policy than your patient non-discrimination policy.
Examples:
To receive credit in the HEI, a facility must:
Must provide a description of the services provided, a link to webpage(s), an upload of brochure(s)/flyers promoting these services or a combination of these options.
More information:
Offer one or more of the following types of service:
Examples:
To receive credit, a facility must:
Provide a link to webpage(s) and/or upload of brochure/flyer promoting the LGBTQ+ specific clinic.
More information:
Transgender, non-binary, and gender-expansive communities face unique challenges in healthcare settings and in obtaining health services. Within LGBTQ+ healthcare, it is necessary to recognize these barriers and work towards combating them.
Each year, we see an increasing amount of healthcare facilities taking steps towards trans-inclusive care by creating comprehensive programs for transgender, non-binary, and gender-expansive communities. This interactive map details where clinical care programs can be found specifically for gender-expansive children and adolescents.
For more information about best practices for clinics and hospitals that seek to promote the health and well-being of transgender and non-binary youth through the creation of multidisciplinary care clinics see the publication, Comprehensive Care Clinics for Transgender & Non-Binary Youth from the HRC Foundation.
Examples:
To receive credit, a facility must:
Must provide a link to a webpage that describes the transgender patient navigator program or services and/or upload a document such as a brochure describing the services or the job description of the navigator.
Examples:
To receive credit, a facility must:
Must provide number of gender neutral bathrooms in public areas. Must upload a sample of the signage for one of the bathrooms.
More information:
As The Joint Commission’s LGBT Field Guide notes: “Patients whose appearance might not conform to gender stereotypes may feel more comfortable and safe in a single-stall or unisex restroom. Design or clearly identify at least one such restroom. These single-stall or family restrooms can also serve parents caring for opposite-sex children, disabled people accompanied by opposite-sex caregivers, and any other patients wishing to use them. Although making a unisex restroom available is an important signal of acceptance, patients should be permitted to use restrooms that comport with their gender identity and should not be required to use the unisex restroom.”
Note: While single stall bathrooms are important to offer, we also strongly recommend a policy that ensures that patients and visitors may use the bathroom that corresponds to their gender identity.
Examples: