by Cameron McCue

Idaho implemented a new law that gives people receiving in-person healthcare services the right to be visited by essential caregivers of their choosing under certain conditions. I.C. § 39-9802. The law, which became effective July 1, 2023, requires healthcare and assisted living facilities to allow patients to have in-person visitation from an essential caregiver even if other visitors are being excluded by the facility. I.C. § 39-9803. The new law supplements requirements that hospitals, long-term care facilities, and certain other institutional providers already have under licensure regulations or Medicare conditions of participation.

The law defines “essential caregiver” as “a person or persons designated by a patient or resident to visit the patient or resident in person at a facility.” I.C. § 39-9801(2). Healthcare facilities have certain obligations under the new law beyond just allowing patients to have in-person visitation from an essential caregiver. Facilities must (1) when practicable, notify potential patients or residents of their right to designate essential caregivers prior to admission to the facility; (2) provide patients or residents an opportunity to designate their essential caregivers; and (3) within certain limits, accommodate patient requests to have essential caregivers visit. Read more

By Kim Stanger

The federal District Court of Idaho has issued a ruling that will help protect physicians and other healthcare providers who refer patients outside of Idaho for an abortion.

As we have previously discussed (see https://www.hollandhart.com/idahos-amended-abortion-laws-summary-and-updated-faqs), Idaho’s criminal abortion ban prohibits “assist[ing] in performing or attempting to perform an abortion.”  (I.C. 18-622(2)).  On March 27, 2023, Idaho Attorney General Labrador issued a letter (the “Crane Letter”) to a legislator in which he opined: Read more