Reporting Healthcare discrimination and bad experiences
In the LGBTQ+ community, it is not uncommon for folks to avoid going to the doctor, whether due to previous bad experiences, fear of coming out or being outed, medical mistrust, or just not sure where to start. In fact, in the Grand Rapids LGBTQ+ Healthcare Consortium’s 2022 survey on LGBTQ+ patient experiences, nearly 57% of respondents stated at least one reason for avoiding healthcare over the last year. In addition, of the 39 respondents who have avoided receiving care due to fear of discrimination from front desk staff/provider and/or general transphobia, 32 (82%) stated experiencing microaggression, discrimination, prejudice, or other stigmatization. So it’s fair to say that the fears and mistrust among the community are well founded and valid. But what do you do if you experience discrimination or have a negative experience while receiving care? Is there anything you can do?
That’s what we’ll be answering in this blog, in honor of LGBT Health Awareness Week, which aims to bring attention to the devastating cycle of discrimination and health disparities that affects the lesbian, gay, bisexual and transgender (LGBT) community (according to the National LGBTQ Task Force). Because LGBT people are regularly discriminated against in employment, relationship recognition and insurance coverage, they are more likely to get sick and less likely to be able to afford vital health care than their straight and non-transgender neighbors. One last note, as a heads up, we do use some legal jargon and site laws in the blog, but will do our best to summarize the main points; we want to ensure that if folks want to do further research or have questions, you have the points of reference for what we’re talking about.
First off: are LGBTQ+ protected under Michigan Law from healthcare and insurance discrimination? Yes, actually: any facility, provider, clinic, agency, or other entity that accepts Medicaid, Medicare, or otherwise receives federal funding cannot deny care or service to someone because of their race, color, national origin, sex, gender identification, sexual orientation, age, or disability. This also goes for private insurers as well, according to a March 2022 bulletin from the Michigan Department of Insurance and Financial Services.
So we’re legally protected from discrimination; what happens if you experience discrimination and need to file a complaint? In Michigan, any hospital that accepts Medicaid/Medicare has to have a patient relations department, and “are to ensure compliance with all relevant Federal and State nondiscrimination provisions,” (MDHHS Medicaid Provider Manual, pg 14).
It can be pretty daunting and draining to seek help after a negative experience, especially when you’re not sure if you’ll be safe making the report. But letting discrimination go unchecked allows the cycle to continue, with the possibility of more medical mistrust and care avoidance in the future. Below is a general list of what you’ll need to submit the complaint, as well as links to 6 community healthcare organizations, 2 Michigan departments, and Legal Aid of West Michigan, should you need to take legal action.
What you’ll need:
The date of the incident
What occurred and by whom
The address of the organization
Trinity Health Patient Relations
Corewell Health Compliments and Complaints
University of Michigan Health West Patient Relations
Catherine’s Health Center Contact Form
MDHHS Bureau of Community and Health Systems
To dive a little deeper into legal protections: while the protections under Section 1557 of the Affordable Care Act were (briefly) removed in 2020, they were restored in 2021 by executive order. Policies and laws that prohibit discrimination on the basis of sex include gender identity and sexual orientation in their definition, according to the order. In the MDHHS Medicaid Provider Manual, it states that “an individual shall not be excluded from participation in, be denied the benefits of, or be subjected to discrimination on the grounds [of race, color, national origin, sex, gender identification, sexual orientation, age, or disability] under any health program or activity, any part of which is receiving federal financial assistance, or under any program or activity that is administered by an Executive Agency or any entity established under Title I of the Affordable Care Act or its amendments.” In addition, we are protected under the Michigan Public Health Code 333.20201:
(a) A patient or resident shall not be denied appropriate care on the basis of race, religion, color, national origin, sex, age, disability, marital status, sexual preference, or source of payment.
It’s fair to say that LGBTQ+ patients are legally protected from discrimination in a healthcare environment in a variety of ways, but we understand that folks still can (and do) experience discrimination, prejudice, and other stigmatization while seeking care. At the end of the day, it’s important to remember that you are entitled to quality, affirming care and should not have to endure discrimination and prejudice in order to take care of yourself and your health. We must empower ourselves to stop others from experiencing discrimination and from it happening all together. It’s okay to feel nervous, apprehensive, or scared about reporting discrimination, that is a perfectly normal reaction. If need be, ask a friend for support; you don’t have to go at it alone.
Note: we are not legal experts or lawyers, this is all general information to help get you started in reporting discrimination and knowing your rights.