Category Archives: Idaho Healthcare Law

January 17, 2023

Idaho Abortion Laws: Updated FAQs

By Kim Stanger

On January 5, 2023, the Idaho Supreme Court upheld Idaho’s near-total abortion ban (I.C. § 18-622), Idaho’s fetal heartbeat (“6-week”) abortion ban to the extent it is not superseded by the near-total abortion ban (I.C. § 18-8804), and Idaho’s Texas-style civil liability statute (I.C. § 18-8807).1 Anyone who performs an abortion of a clinically diagnosable pregnancy is guilty of a felony unless the abortion is necessary to save the life of the pregnant woman or in the case of rape or incest.2 The total abortion ban is currently subject to an important exception: on August 24, 2022, the United States District Court of Idaho entered a preliminary injunction blocking enforcement of the total abortion ban in cases in which the Emergency Medical Transport and Active Labor Act (EMTALA) would require hospital-affiliated providers to perform an abortion to protect the health of the mother.3 Given these developments, we have updated our answers to common questions concerning Idaho’s abortion laws. Continue reading →

January 11, 2023

Idaho Abortion Laws: Idaho Supreme Court Upholds Laws but Offers Important Clarifications

By Kim Stanger

On January 5, 2023, the Idaho Supreme Court upheld Idaho’s near Total Abortion Ban (I.C. § 18-622), its 6-Week Abortion Ban (I.C. 18-8804 to -8805), and its related Civil Liability Law (I.C. § 18-8807). Planned Parenthood v. State of Idaho, No. 49615, 49817, 49899 (Idaho 1/5/23) (“Opinion”), available here. Those laws are discussed more fully in our client alert titled Idaho Abortion Laws: New Law and EMTALA Exception Now Effective. However, in its recent opinion, the Court included several important clarifications. Continue reading →

December 15, 2022

Mandatory Disclosures for Healthcare Workers Under Idaho Law

By Kim Stanger

The HIPAA privacy rules allow healthcare providers to disclose protected health information to the extent another state or federal law or regulation requires it:

A covered entity may use or disclose protected health information to the extent that such use or disclosure is required by law and the use or disclosure complies with and is limited to the relevant requirements of such law.1

(45 C.F.R. § 164.512(a)(1)). Importantly, HIPAA only allows such disclosures if the other law requires the disclosure, not if the other law simply allows disclosures. (78 FR 5618). In cases where another law permits but does not require disclosure, HIPAA would preempt the other law and prohibit the disclosure unless another HIPAA exception applied. Continue reading →

September 1, 2022

Idaho Patient Act: Flow Chart

By Kim Stanger

Idaho healthcare facilities and providers may struggle to understand or stay on top of the requirements of the Idaho Patient Act (“IPA”), which limits providers’ ability to pursue collection actions unless certain conditions are satisfied. To learn more about the IPA (including recent changes), see our article here.

In addition, we provide the attached Flow Chart summarizing the relevant requirements and timelines for IPA compliance. We hope that it will help our clients and friends navigate the IPA rules more easily.

August 29, 2022

Idaho Abortion Laws: New Law and EMTALA Exception Now Effective

By Kim Stanger

Idaho’s total abortion ban is now in effect. Effective August 25, 2022, anyone who performs an abortion of a clinically diagnosable pregnancy is guilty of a felony unless the abortion is necessary to save the life of the pregnant woman or in the case of rape or incest.1 On August 24, 2022, the United States District Court of Idaho confirmed another important exception (at least for the time being): the Court entered a preliminary injunction blocking enforcement of the total abortion ban in cases in which the Emergency Medical Transport and Active Labor Act (“EMTALA”) would require hospital-affiliated providers to perform an abortion to protect the health of the mother.2 Given these developments, we have updated our answers to common questions concerning Idaho’s abortion laws. Continue reading →

August 26, 2022

Idaho Abortion Law: The Limited EMTALA Exception

By Kim Stanger

Idaho’s total abortion ban took effect August 25, 2022. Under the statute, abortion of a clinically diagnoseable pregnancy is illegal unless necessary to save the life of the mother or in the case of rape or incest. (Idaho Code 18-622). On August 24, 2022, the Federal District Court of Idaho issued a preliminary injunction prohibiting enforcement of the total abortion ban to the extent it conflicts with the Emergency Treatment and Active Labor Act (“EMTALA”). (Memorandum Decision and Order, United States v. State of Idaho, Case No. 1:22-cv-00329-BLW, available here). The net effect is that, when EMTALA applies, a physician may perform an abortion if necessary to preserve the health of the pregnant woman, not just to save her life. With that said, it is important to understand the limited scope of the EMTALA exception. Continue reading →

August 17, 2022

Idaho Abortion Laws: Status and Updated Analysis

By Kim Stanger

The turmoil over Idaho abortion laws continues. On August 12, 2022, the Idaho Supreme Court ruled that Idaho’s total abortion ban will take effect August 25, 2022. It also lifted the stay on Idaho’s Texas-style statute that allows certain family members to sue persons who perform abortions after a fetal heartbeat is detected. Planned Parenthood’s lawsuit challenging the laws will continue, but in the meantime, the laws will take effect. The Idaho Supreme Court has set a hearing on the merits of the lawsuit for September 29, 2022.

On the federal front, the Department of Justice sued Idaho, claiming that the total abortion ban is preempted by the Emergency Medical Treatment and Labor Act (“EMTALA”) for those women seeking emergency care at hospitals. The hearing on the DOJ’s motion for a preliminary injunction is set for August 22, 2022. Continue reading →

July 28, 2022

Idaho Complete Abortion Ban Set to Take Effect

By Kim Stanger

On Tuesday, July 26, the United States Supreme Court formally issued its judgment in Dobbs v. Jackson Women’s Health Organization; accordingly, Idaho’s complete abortion ban is triggered and set to take effect on August 25, 2022, unless stayed by the Idaho Supreme Court.  The statute prohibits all abortions of a clinically diagnoseable pregnancy except (i) as necessary to save the life of the mother, or (ii) in the case of rape or incest provided that the rape or incest is reported to law enforcement and a copy of the report is given to the physician before the abortion.  (Idaho Code 18-622).  Violations may result in criminal penalties of at least $5,000, from 2 to 5 years in prison, and suspension or revocation of the physician’s license. Continue reading →

July 25, 2022

Idaho Abortion Laws: Frequently Asked Questions

By Kim Stanger

If you are struggling to understand Idaho abortion law in the wake of the Dobbs v. Jackson Women’s Health Organization, you are not alone. For years, the Idaho legislature has enacted a patchwork of overlapping and sometimes conflicting statutes in response to or in anticipation of federal abortion cases. Dobbs has suddenly given those statutes life, forcing healthcare providers (and their attorneys) to sort through how they interact and their net effect on Idahoans. To complicate matters, two of the most potent criminal and civil statutes are subject to pending lawsuits before the Idaho Supreme Court. While we anxiously await the Court’s decisions as well as future guidance or legislation resolving the confusion, we hope these FAQs give Idaho healthcare providers some direction. But stay tuned… Continue reading →