Idaho Abortion Laws: Updated FAQs

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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near-total abortion ban (I.C. § 18-622), Idaho’s fetal heartbeat (“6-week”) abortion ban to the extent it is not superseded by the near-total abortion ban (I.C. § 18-8804), and Idaho’s Texas-style civil liability statute (I.C. § 18-8807).1 Anyone who performs an abortion of a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. Read more

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

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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. Read more

Mandatory Disclosures for Healthcare Workers Under Idaho Law

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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. Read more

Idaho Patient Act: Flow Chart

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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.

Idaho Abortion Laws: New Law and EMTALA Exception Now Effective

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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. Read more