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Idaho Abortion Laws: Status and Updated Analysis
/in Idaho Healthcare LawBy 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. Read more
Idaho Complete Abortion Ban Set to Take Effect
/in Idaho Healthcare Law, State Law UpdatesBy 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. Read more
Idaho Abortion Laws: Frequently Asked Questions
/in Idaho Healthcare LawBy 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
Small Win for Healthcare Providers: CMS Issues New Guidance under No Surprise Billing Rules and DHHS’ Appeal
/in ProvidersBy 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. Read more
New Guidance on Self-Pay Patients Under No Surprise Billing Rules
/in Hospitals & Health SystemsBy Kim Stanger and Allison (Ally) Kjellander
HHS has issued helpful FAQs that answer common questions concerning the No Surprise Billing Rules and self-pay patients, available here. The FAQs confirm the following: Read more