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HIPAA and Subpoenas, Orders, and Administrative Demands
/in HIPAABy Kim Stanger
The HIPAA privacy rules (45 CFR § 164.501 et seq.) generally prohibit healthcare providers and their business associates from disclosing protected health information in response to subpoenas and other government demands unless certain conditions are satisfied. This outline summarizes HIPAA rules for responding to such demands. To the extent there is a more restrictive state or federal law that applies in a particular case, the more restrictive law will usually control. Read more
Referrals for Out-of-State Abortions: New Idaho Decision
/in Idaho Healthcare LawBy 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
Sports and Student Physicals: Legal Issues
/in Healthcare LawBy Kim Stanger
It’s that time of year when many healthcare providers offer free or discounted sports or student physicals as a community service or marketing ploy. If you participate in such programs, make sure you consider the legal issues, including the following: Read more
Consent for Treatment of Minors in Idaho
/in Consent, Idaho Healthcare LawBy Kim Stanger
In Idaho, persons under the age of 18 (“minors”) may consent to their own healthcare in only limited circumstances.1
General Rule: Obtain Consent from Parent or Surrogate Decision Maker. Idaho Code § 39‑4503 sets forth the general standard for determining whether a person is competent to consent to their own healthcare:
Any person … who comprehends the need for, the nature of and the significant risks ordinarily inherent in any contemplated health care services is competent to consent thereto on his or her own behalf.
Read more
The Idaho Medical Consent Act: Recent Amendments
/in Idaho Healthcare LawBy Kim Stanger
The Idaho legislature has amended Idaho’s Medical Consent Act. The redlined changes are shown here. Effective July 1, 2023, the rules for medical consents in Idaho are as follows:
1. Need for Informed Consent. As a general rule, a healthcare provider or entity must have informed consent from a competent patient or their authorized surrogate decision-maker to provide healthcare. Failure to obtain sufficiently informed consent may subject the provider to liability for civil, administrative, and potentially criminal penalties. In addition to malpractice, assault, or other common causes of action, Idaho recognizes a specific tort cause of action for lack of informed consent.1 Read more