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Idaho Medical Lien Statute: Important Changes
/in Idaho Healthcare LawBy Kim Stanger
Since 2020, healthcare providers have struggled to reconcile Idaho’s medical lien law with the Idaho Patient Act (IPACT). The lien statute allows healthcare providers who render treatment to a person injured by the acts of a third party to file a lien against the liable third party to recover their fees; to be effective, the lien had to be filed within 90 days of the last date of services.1 But filing a medical lien constituted an “extraordinary collection action” under IPACT, and IPACT generally prohibited taking such actions until after the 90-day period for filing the medical lien expired.2 Net result: providers had to choose between the lien or potential IPACT penalties.
Effective March 28, 2024, the Idaho legislature resolved the dilemma by permitting compliant medical liens so long as they are filed under new time limits in the lien statute. Read more
New ACA 1557 Non-Discrimination Rules: Checklist For Healthcare Providers
/in ACABy Kim Stanger
On May 6, 2024, the Department of Health and Human Services (HHS) published its final rule revamping the non-discrimination regulations issued under § 1557 of the Affordable Care Act.1 The revised rules apply to all healthcare providers that receive, directly or indirectly, federal financial assistance, including but not limited to participation in Medicare or Medicaid.2 The revised rules continue to prohibit discrimination based on race, color, national origin, sex, age, and disability and reaffirm providers’ current obligations to provide meaningful access to persons with limited English proficiency or disabilities, but they add a few new twists. The revised rules become effective July 5, 2024, but HHS will delay enforcement of certain provisions as described below. Under the final rules, virtually all healthcare providers3 will need to do the following in addition to complying with other state or federal non-discrimination laws: Read more
Idaho’s New Parental Access Law v. HIPAA
/in HIPAA, Idaho Healthcare LawBy Kim Stanger
As discussed in our prior health law update, New Limits on Minor Consents in Idaho, effective July 1, 2024, parents generally will have the right to access the medical records of their unemancipated minor children subject to very limited exceptions. A parent who is denied access may sue the provider for damages and fees.1 Read more
New Limits on Minor Consents in Idaho
/in Idaho Healthcare LawBy Kim Stanger
Note: This health law update originally was published on April 9, 2024. It was updated April 26, 2024, to reflect additional information.
Effective July 1, 2024, Idaho healthcare providers must obtain parental consent to treat unemancipated minors or face civil liability except in emergency cases. In addition, parents will have a right to access the medical records of their minor children subject to very limited exceptions. This is a significant change in the current law and will require healthcare providers to adjust their current policies and practices. The statute must be read and applied in conjunction with Idaho’s general consent statutes, I.C. § 39-4501 et seq. Read more
Patient Inducements: Law and Limits
/in Anti-KickbackBy Kim Stanger
Although often well-intentioned, offering free or discounted items or services to patients (e.g., gifts, rewards, writing off copays, free screening exams, free supplies, etc.) may violate federal and state laws governing improper inducements, especially if the patient is a federal program beneficiary. The government is concerned that offering or rewarding such inducements to patients may result in overutilization, biased decisions concerning care, and increased costs to the Medicare, Medicaid, or other government programs. Penalties for illegal inducements may include administrative, civil, and criminal penalties; repayment to government programs; and exclusion from federal programs. Increasingly, private payors are also challenging such inducements. It is imperative that healthcare providers and their staff understand the applicable laws and limits. Read more