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 →

April 26, 2022

Small Win for Healthcare Providers: CMS Issues New Guidance under No Surprise Billing Rules and DHHS’ Appeal

By Allison (Ally) Kjellander and Kim Stanger

On April 12, 2022, CMS issued new guidance1 for the independent dispute resolution (“IDR”) process under the No Surprise Billing Rules (“Rules”) in response to a U.S. District Court for the Eastern District of Texas judge vacating an insurer-friendly provision,2 handing a small win to healthcare providers. Continue reading →

April 5, 2022

Idaho Patient Act Changes

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. Continue reading →

February 8, 2022

Telehealth in Idaho: Regulations Withdrawn

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: Continue reading →