By 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: Continue reading
By 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.
By 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 Continue reading
By Kim Stanger
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 some of the concerns by providers but declined to add an exception based on the health of the mother. As amended effective July 1, 2023, Continue reading
By Kim Stanger
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. Continue reading
By Kim Stanger
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 they order, prescribe, refer, sell, etc. Such formulas must be reviewed, structured, or revised appropriately to ensure compliance with federal fraud and abuse laws, including Stark, the Anti-Kickback Statute (AKS), and the Eliminating Kickbacks in Recovery Act (EKRA). Continue reading
By Kim Stanger
After three years, the federal public health emergency (PHE) will expire May 11, 2023.1 Most of the relaxed regulatory and payor standards will end on or within a few months after the deadline, including many relating to:
By Kim Stanger
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. § 18-8804), and Idaho’s Texas-style civil liability statute (I.C. § 18-8807).1 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 pregnant woman or in the case of rape or incest.2 The total abortion ban is currently subject to an important exception: on August 24, 2022, the United States District Court of Idaho entered a preliminary injunction blocking enforcement of the total abortion ban in cases in which the Emergency Medical Transport and Active Labor Act (EMTALA) would require hospital-affiliated providers to perform an abortion to protect the health of the mother.3 Given these developments, we have updated our answers to common questions concerning Idaho’s abortion laws. Continue reading
By Kim Stanger
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. State of Idaho, No. 49615, 49817, 49899 (Idaho 1/5/23) (“Opinion”), available here. Those laws are discussed more fully in our client alert titled Idaho Abortion Laws: New Law and EMTALA Exception Now Effective. However, in its recent opinion, the Court included several important clarifications. Continue reading
By Kim Stanger
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 information to the extent that such use or disclosure is required by law and the use or disclosure complies with and is limited to the relevant requirements of such law.1
(45 C.F.R. § 164.512(a)(1)). Importantly, HIPAA only allows such disclosures if the other law requires the disclosure, not if the other law simply allows disclosures. (78 FR 5618). In cases where another law permits but does not require disclosure, HIPAA would preempt the other law and prohibit the disclosure unless another HIPAA exception applied. Continue reading