Er, no, its not. HIPAA. absolutely covers this scenario—any PHI they get under a BAA from a covered entity remains PHI and they are restricted in their use just aa if they were a regular covered entity for as long as they have it, and any unauthorized use or disclosure is unlawful and, if wilfull, criminal under HIPAA.
Why would I be surprised? The default operating assumption should be that they're absolute scum. I don't understand this game where we all play make-believe that companies are virtuous until proven otherwise.
Forgot to mention -- often in real time, streaming hot off the EMR over nice friendly XML or HL7! For all you know, the ADT messages already hit the company before you ever even saw a privacy disclosure to sign.