Idaho Abortion Laws: Frequently Asked Questions

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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… Read more

Idaho Patient Act Changes

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By Kim Stanger and Allison (Ally) Kjellander

Idaho has enacted limited changes to the Idaho Patient Act (IPA) that make it somewhat easier for healthcare providers and facilities to jump through the IPA hoops before pursuing collection actions against patients. A copy of HB778 showing the changes is available here. The changes are generally effective for collection actions initiated on or after March 25, 2022.

IPA violations limit healthcare providers’ ability to recover collection costs and related charges (including attorneys’ fees) and may subject the provider to civil penalties, all of which may make medical debt collection financially impractical. (I.C. § 48-305).1 Accordingly, this article summarizes key IPA provisions as well as the recent amendments. Read more

Telehealth in Idaho: Regulations Withdrawn

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By Kim Stanger

As part of Governor Little’s initiative to reduce nonessential regulations, Idaho licensing boards (including the Idaho Board of Medicine) have withdrawn their rules implementing the Idaho Telehealth Access Act for healthcare providers, including physicians, physician assistants, dentists, and psychologists. (See, e.g., former IDAPA 24.33.03.201 et seq.). Consequently, physicians and most other healthcare providers need only comply with the Act, which requires the following: Read more

Idaho COVID-Related Civil Liability Immunity – Special Session Legislation

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By William Myers III

When Gov. Little called the Legislature into Special Session on August 24th, he did so with a proclamation that attached draft legislation establishing immunity from liability when a person or company makes “good faith efforts” to undertake activities safely during the coronavirus emergency.

The draft legislation must be introduced and passed in the House and Senate and that has not happened as of this writing. However, a review of the draft bill attached to the Governor’s proclamation gives an idea where the legislation may go. Read more

Update on Corporate Practice of Medicine Under Idaho Law

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By Gabriel (Gabe) Hamilton

Republished with permission, this article originally appeared in the online edition of Idaho State Bar’s The Advocate on March 11, 2020.

In 2016, the Idaho Board of Medicine abandoned its position that Idaho law prohibits physicians from being employed by non-physicians. The Board’s new position removes obstacles to non-physician investments in medical practices and other transactions that previously were prohibited by the Board’s enforcement of an antiquated rule known as the corporate practice of medicine doctrine (“COPM”). Read more