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
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...more
9/18/2023
/ Confidentiality Agreements ,
Disclosure Requirements ,
Grand Juries ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Jurisdiction ,
Law Enforcement ,
Noncompliance ,
PHI ,
Protective Orders ,
Public Health ,
Subpoenas ,
Warrants ,
Workers’ Compensation
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....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 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
Idaho’s new Virtual Care Access Act (the “Act”) amends Idaho’s existing law to make it easier to render telehealth in Idaho effective July 1, 2023. The requirements of the new Act are summarized below....more
4/25/2023
/ Continuity of Care ,
Enforcement ,
Health Care Providers ,
Healthcare ,
Informed Consent ,
Licensing Rules ,
Medical Records ,
Patient Referrals ,
Prescription Drugs ,
Public Health ,
Telehealth
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
Idaho’s new Virtual Care Access Act (the “Act”) amends Idaho’s existing law to make it easier to render telehealth in Idaho effective July 1, 2023. The requirements of the new Act are summarized below....more
4/10/2023
/ Clinical Evaluations ,
Continuity of Care ,
Electronic Prescribing ,
Health Care Providers ,
Healthcare ,
Medical Records ,
New Legislation ,
Patient Referrals ,
Patients ,
Relationship Development ,
Standard of Care ,
State and Local Government ,
Technology ,
Telehealth ,
Telemedicine
Physicians and other healthcare providers often structure their group compensation formulas on an “eat what you kill” basis, i.e., a provider is paid based on the services he or she performs in addition to items or services...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
The HIPAA privacy rules allow healthcare providers to disclose protected health information to the extent another state or federal law or regulation requires it:
A covered entity may use or disclose protected health...more
As discussed in our November 28 client alert, the No Surprise Billing Rules (NSBR) require that convening providers contact co-providers and include co-provider fees in the convening provider’s good faith estimate to...more
For nearly three years, federal and state agencies have waived or relaxed regulatory requirements and expanded reimbursement for services due to the COVID-19 public health emergency (PHE), but the signs indicate that the...more
11/29/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Compliance ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
False Claims Act (FCA) ,
FQHC ,
Medicare ,
Public Health Emergency ,
Regulatory Requirements ,
Reimbursements ,
Telehealth
Since January 1, 2022, the No Surprise Billing Rules (NSBR) have required virtually all healthcare providers to give a good faith estimate of anticipated charges to uninsured (self-pay) patients.1 Unless the Department of...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 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,...more
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...more
On April 12, 2022, CMS issued new guidance 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...more
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:
Providers and facilities are not required to...more