Law enforcement officers often request or demand that Idaho hospitals draw blood or conduct other tests on patients for law enforcement purposes; nevertheless, the general rule remains that patients (including persons in...more
3/6/2025
/ Compliance ,
Consent ,
Criminal Prosecution ,
Data Privacy ,
DUI ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Hospitals ,
Patient Privacy Rights ,
PHI
As discussed in our April 26, 2024, health law update, “New Limits on Minor Consents in Idaho,” effective July 1, 2024, the Parents’ Rights in Medical Decision-Making Act will generally require healthcare providers to obtain...more
As discussed in our prior health law update, New Limits on Minor Consents in Idaho, effective July 1, 2024, parents generally will have the right to access the medical records of their unemancipated minor children subject to...more
4/30/2024
/ Consent ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Medical Records ,
Minor Children ,
Parental Rights ,
PHI ,
Preemption
By Kim Stanger Note: This health law update originally was published on April 9, 2024. It was updated April 26, 2024, to reflect additional information. Effective July 1, 2024, Idaho healthcare providers must obtain parental...more
Effective July 1, 2024, Idaho healthcare providers must obtain parental consent to treat unemancipated minors or face civil liability except in emergency cases. In addition, parents will have a right to access the medical...more
In Idaho, persons under the age of 18 (“minors”) may consent to their own healthcare in only limited circumstances.
General Rule: Obtain Consent from Parent or Surrogate Decision Maker. Idaho Code § 39‑4503 sets forth...more
7/21/2023
/ Centers for Medicare & Medicaid Services (CMS) ,
Competency Requirements ,
Consent ,
EMTALA ,
Health Care Providers ,
Healthcare ,
Legislative Agendas ,
Minors ,
New Legislation ,
Parental Consent ,
Physicians
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...more
In an era of decreasing reimbursement and rapidly expanding opportunities associated with “big data”, healthcare entities may be looking for ways to monetize protected health information (“PHI”) for their own, non-patient...more
2/20/2020
/ Business Associates ,
Business Associates Agreement (BAA) ,
Consent ,
Consumer Privacy Rights ,
Covered Entities ,
Data Collection ,
Data Privacy ,
Data Sellers ,
Data Use Policies ,
De-Identified Protected Health Information ,
Department of Health and Human Services (HHS) ,
Disclosure Requirements ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Information Sharing ,
Medical Records ,
Notice Requirements ,
OCR ,
PHI ,
Privacy Policy
Question: May I share records with another healthcare provider without the patient’s authorization?
Answer: It depends on the purpose. If the disclosure is for purposes of the patient’s treatment, including continuation of...more
In Idaho, a competent patient generally has the right to consent to or refuse their own healthcare. By statute,
Any person who comprehends the need for, the nature of and the significant risks ordinarily inherent in any...more
In Idaho, persons under the age of 18 ("minors") may consent to their own healthcare in only limited circumstances. Treatment of a minor without proper consent may expose the practitioner to tort liability for lack of...more
3/7/2018
/ Abortion ,
Battery ,
Birth Control ,
Capacity ,
Consent ,
Emancipation ,
Exceptions ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Informed Consent ,
Marital Status ,
Minor Children ,
Parental Consent ,
Pregnancy