Emergency medical service (EMS) providers must make quick, informed decisions, including disclosing protected health information (PHI). In these situations, EMS providers are allowed to disclose information without patient consent if it is with good-faith intent, or for billing or treatment purposes.
When can PHI be disclosed?
For treatment purposes
In emergencies, the primary goal is to provide the best possible care. PHI can be disclosed without patient consent to other healthcare providers who are involved in the patient’s care. Disclosing relevant information ensures continuity of care and that all providers have the necessary information to make informed decisions.
For payment and operations
PHI can be disclosed for billing and payment purposes. For instance, an EMS provider can share information with insurance companies to receive payment for services rendered. Additionally, PHI may be used for healthcare operations such as quality assessments and training.
During emergencies
In emergencies, if a patient is unconscious or otherwise unable to consent, PHI can be disclosed if it is in their best interest. EMS providers may have to share information with hospital staff or other emergency responders to provide life-saving treatment.
See also:
For law enforcement and public health
PHI can be disclosed to law enforcement or public health authorities if required by law, such as in the case of gunshot wounds, suspected child abuse, or preventing a serious and imminent threat to health or safety.
With patient consent
It is best to obtain patient consent before disclosing PHI. If the patient cannot consent, information may be shared with a legally authorized representative, such as a family member or legal guardian.
Read also: HIPAA and patient consent in emergency medical services (EMS)
The Minimum Necessary Rule
HIPAA's Minimum Necessary Rule requires that only the minimum amount of PHI needed to accomplish the intended purpose should be disclosed. For EMS providers, the Minimum Necessary Rule does not apply to “verbal report[s] and Written PCR may be given to hospital staff involved in caring for the patient.”
Special considerations
- Family communication: PHI can be shared with family members or others involved in the patient’s care, unless the patient has objected.
- Media and public disclosures: PHI should never be disclosed to media or the public without explicit consent from the patient or their legal representative, except in public health emergencies where disclosure is legally required.
See also: HIPAA Compliant Email: The Definitive Guide
Compliance and training
Understanding the rules around PHI disclosure is essential for legal compliance and patient trust. EMS providers should be well-versed in HIPAA regulations and relevant local laws. Regular training and clear organizational policies can help ensure that PHI is handled correctly in all situations.
Go deeper: HIPAA training requirements
FAQs
What is protected health information (PHI)?
PHI refers to any information that can be used to identify a patient and is related to their health status, treatment, or payment for healthcare services. Examples include names, medical records, birthdates, addresses, and more.
What should I do if I’m unsure whether to disclose PHI?
When in doubt, consult with your supervisor or legal department before disclosing PHI. It's better to confirm the correct course of action than to risk violating patient privacy or the law.
What should I do if I accidentally disclose PHI to the wrong person?
Immediately report the incident to your supervisor or compliance officer. Depending on the severity of the breach, you may need to notify the patient and possibly take corrective action to prevent future occurrences. Under HIPAA, certain breaches must also be reported to the Department of Health and Human Services (HHS).
Tshedimoso Makhene
