Last week, the US District Court for the District of Idaho entered another preliminary injunction prohibiting enforcement of Idaho’s Total Abortion Ban (IC § 18-622) if the abortion is necessary to stabilize a pregnant woman...more
As a general rule, healthcare employers are required to pay employed physicians and other contracted providers fair market value (FMV) for their services, but many employers do not understand relevant regulatory standards. ...more
8/22/2024
/ Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
Compensation ,
EMTALA ,
Fair Market Value ,
Federal Health Care Programs (FHCP) ,
Health Care Providers ,
Healthcare Workers ,
Independent Contractors ,
Medicaid ,
Medicare ,
OIG ,
Penalties ,
Physicians ,
Private Equity ,
Regulatory Standards ,
Stark Law ,
Wages
On June 27, 2024, the United States Supreme Court temporarily restored the Emergency Medical Treatment and Labor Act (EMTALA) exception to Idaho’s abortion ban. As a result, Idaho hospitals may perform abortions in EMTALA...more
On June 27, 2024, the United States Supreme Court temporarily restored the Emergency Medical Treatment and Labor Act (EMTALA) exception to Idaho’s abortion ban. As a result, Idaho hospitals may perform abortions in EMTALA...more
The Emergency Medical Treatment and Active Labor Act ("EMTALA") provides that if a patient comes to a hospital or hospital-owned urgent care center, the hospital and relevant on-call physicians must provide an appropriate...more
The Ninth Circuit Court of Appeals has ended the EMTALA exception to Idaho’s total abortion ban, I.C. 18-622.
In 2022, the US Department of Justice (DOJ) sued the state of Idaho, claiming that EMTALA preempted the total...more
The Ninth Circuit Court of Appeals has ended the EMTALA exception to Idaho’s total abortion ban, I.C. 18-622. In 2022, the US Department of Justice (DOJ) sued the state of Idaho, claiming that EMTALA preempted the total...more
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...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 abortion laws. This health law update briefly summarizes key changes and updates our FAQs to address the new developments.
Total Abortion Ban. The Idaho legislature addressed...more
After three years, the federal public health emergency (PHE) will expire May 11, 2023. Most of the relaxed regulatory and payor standards will end on or within a few months after the deadline, including many relating to: ...more
3/21/2023
/ Anti-Kickback Statute ,
Civil Monetary Penalty ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
DEA ,
Department of Health and Human Services (HHS) ,
EMTALA ,
Expiration Date ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medicines and Healthcare Products Regulatory Agency (MHRA) ,
Public Health Emergency ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Ryan Haight Act ,
Stark Law ,
Telehealth ,
Virus Testing
On January 5, 2023, the Idaho Supreme Court upheld Idaho's near-total abortion ban (I.C. § 18-622), Idaho's fetal heartbeat (“6-week”) abortion ban to the extent it is not superseded by the near-total abortion ban (I.C. §...more
On January 5, 2023, the Idaho Supreme Court upheld Idaho’s near Total Abortion Ban (I.C. § 18-622), its 6-Week Abortion Ban (I.C. 18-8804 to -8805), and its related Civil Liability Law (I.C. § 18-8807). Planned Parenthood v....more
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...more
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...more
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...more
On March 30, 2020, CMS issued numerous additional blanket waivers to give providers greater flexibility in responding to COVID-19. (See https://www.cms.gov/files/document/summary-covid-19-emergency-declaration-waivers.pdf)....more
4/1/2020
/ 1135 Waivers ,
Centers for Medicare & Medicaid Services (CMS) ,
Children's Health Insurance Program (CHIP) ,
Coronavirus/COVID-19 ,
Determination of Need (DoN) ,
EMTALA ,
Fee-for-Service ,
Health Care Providers ,
Hospitals ,
Medicaid ,
Nurses ,
Nursing Homes ,
Pharmacies ,
Prior Authorization ,
Relief Measures ,
Skilled Nursing Facility ,
State and Local Government ,
Waivers
Hospitals—especially rural hospitals—may want to divert inbound ambulances to other facilities, especially when the patient requires services that the hospital may be unable to provide. However, improper diversions may...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
The Emergency Medical Treatment and Active Labor Act (“EMTALA”) generally requires hospitals to provide emergency care to patients who come to the hospital regardless of their ability to pay. Hospitals that violate EMTALA may...more
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...more
8/9/2018
/ Anti-Kickback Statute ,
Contractual Safeguards ,
Electronic Medical Records ,
EMTALA ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medical Malpractice ,
OIG ,
Physicians ,
Standard of Care ,
Student Athletes ,
Students