I agree that it's not and never should be a free-for-all with PHI just "because you can".
But if I, as an EMS provider, are treating someone for, say, an overdose, it is rather germane to my treatment of you that you have a history of suicidal ideation or attempts, even if you'd rather I wasn't able to gather that information from another provider's records (because you'd "rather not" be subject to a mandated hold/evaluation if it appears that your overdose was intentional).
I don't need to know, and don't care, if you're transitioning and I'm seeing you for a seizure, for example, it's not relevant. If you're unconscious and I need to see if I can see history or diagnoses or etc., as I'm determining the risk of an intervention to perform on you, then, I may discover that detail, again, in the course of your treatment.
It's not a blanket "I don't care whether you consent or not, I'm pulling your records from the EHR. Sucks to be you."
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I think the key is in the course of treatment.
I agree that it's not and never should be a free-for-all with PHI just "because you can".
But if I, as an EMS provider, are treating someone for, say, an overdose, it is rather germane to my treatment of you that you have a history of suicidal ideation or attempts, even if you'd rather I wasn't able to gather that information from another provider's records (because you'd "rather not" be subject to a mandated hold/evaluation if it appears that your overdose was intentional).
I don't need to know, and don't care, if you're transitioning and I'm seeing you for a seizure, for example, it's not relevant. If you're unconscious and I need to see if I can see history or diagnoses or etc., as I'm determining the risk of an intervention to perform on you, then, I may discover that detail, again, in the course of your treatment.
It's not a blanket "I don't care whether you consent or not, I'm pulling your records from the EHR. Sucks to be you."