Hey Joe,
Are you talking something like this article? If so, it does say it doesn't say EMS "has to" encrypt, but then again I didn't read it to say they couldn't.
HIPAA Didn’t Kill the Radio Star | Public Safety Communications
That said, While I do monitor, I'm not a big fan of encryption, however being former EMS, I can understand not wanting to have someone listening to one of their neighbors info going OTA. I mean lets face it anyone who monitors in SC knows the designation for the AMR units here so whats to stop a nosey neighbor with a scanner from seeing the unit number and listening to the patch to the ER and then running around the neighborhood filling everyone in on the "scoop" as to what happened at the smith residence. On the other hand still, Correct me if I'm wrong but I believe that encryption takes more power from the radio, therefor shortening the distance the transmissions can travel. Like I said, I may be wrong on that, but that's just my belief. Hears my belief on this however and I'll probably get flamed for this but I'll take the chance in putting it out there. As long as the radio operator takes care as to the info he or she is putting ota, most times everything will be covered. I tend to look at things this way. There are ways of getting a message across without being obvious. When I first started EMS, AIDS was relatively new, so if we had an HIV/AIDS patient on board and they were on meds, due to the ryan white act, we wouldn't say the patient was positive, instead we would give the meds and let the ER know the PT was on say AZT, hence the message was delivered without saying it outright.. That's the way our instructors actually taught us back then. If I remember (And Joe, you'd know this better than anyone as will some old timers like myself). I believe there was one company who shall remain nameless that actually came up with a code (107A - if I remember) that let the crew know the PT was HIV/AIDS positive. That said, as long as whoever is calling into the ER is discrete, there shouldn't be a problem, nor a need for encryption and (I know this was the rule in NYS when I was working there) each rig had to have 2 types of commuication withthe hospital in case of failure by one of them. One was a radio and the second was a nextel or cell with a number directly to the ER which the number was programmed into. So if the crew is uncomfortable putting any info OTA, then hell use the cell. That simple. Do mistakes happen? Of course, but you deal with them. I know of a medic that had a celeb on a rig and called the ER via radio saying right over the air, "hey , you'll never guess who I'm coming in with (insert name) and he's puking up a storm. End of story, the medic never worked that town again. But for the most part, I think our responders are competent enough to know what to and not to say over the radio. but like I said that's just my opinion