July 25, 2022

Idaho Abortion Laws: Frequently Asked Questions

By 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… Continue reading →

April 26, 2022

Small Win for Healthcare Providers: CMS Issues New Guidance under No Surprise Billing Rules and DHHS’ Appeal

By 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. Continue reading →

April 5, 2022

Idaho Patient Act Changes

By Kim Stanger and Allison (Ally) Kjellander

Idaho has enacted limited changes to the Idaho Patient Act (IPA) that make it somewhat easier for healthcare providers and facilities to jump through the IPA hoops before pursuing collection actions against patients. A copy of HB778 showing the changes is available here. The changes are generally effective for collection actions initiated on or after March 25, 2022.

IPA violations limit healthcare providers’ ability to recover collection costs and related charges (including attorneys’ fees) and may subject the provider to civil penalties, all of which may make medical debt collection financially impractical. (I.C. § 48-305).1 Accordingly, this article summarizes key IPA provisions as well as the recent amendments. Continue reading →

February 8, 2022

Telehealth in Idaho: Regulations Withdrawn

By Kim Stanger

As part of Governor Little’s initiative to reduce nonessential regulations, Idaho licensing boards (including the Idaho Board of Medicine) have withdrawn their rules implementing the Idaho Telehealth Access Act for healthcare providers, including physicians, physician assistants, dentists, and psychologists. (See, e.g., former IDAPA 24.33.03.201 et seq.). Consequently, physicians and most other healthcare providers need only comply with the Act, which requires the following: Continue reading →

January 18, 2022

CMS Vaccine Mandate: New Deadlines

By Kim Stanger

On January 13, 2022, a divided Supreme Court vacated the injunctions that applied to CMS’s vaccine mandate in 24 states, thereby allowing CMS to enforce its mandates in all states except Texas.1 (https://www.supremecourt.gov/opinions/21pdf/21a240_d18e.pdf). Here are key points for providers seeking to comply with the mandate.

Deadlines for Compliance. The effective deadlines for compliance run from the date CMS issued its relevant compliance guidance to survey agencies. For facilities in states that were not subject to an injunction, CMS issued its guidance on December 28, 2021. (QSO-22-07-ALL, available at https://www.cms.gov/files/document/qso-22-07-all.pdf). For facilities in states that were subject to an injunction (i.e., Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming), CMS issued its updated guidance on January 14, 2022. (QSO-22-09-ALL, available at https://www.cms.gov/files/document/qso-22-09-all-injunction-lifted.pdf). As set forth in the guidance, the deadlines are as follows: Continue reading →

December 17, 2021

No Surprise Billing Rules: Checklist for Providers

By Kim Stanger

Many providers make the No Surprise Billing Rules more complicated and expansive than they are. To help healthcare providers and facilities understand, implement and monitor compliance with the new rules, Holland & Hart has prepared a short guide and checklist for compliance, available here.

November 5, 2021

CMS Vaccine Mandate for Healthcare Workers: Resources for Preparing Your Policies

By Kim Stanger

Under the Centers for Medicare & Medicaid Services (CMS)’s new vaccine mandate for healthcare workers, facilities must draft and implement policies and procedures by December 6, 2021 to ensure covered personnel are fully vaccinated or exempted by January 4, 2022. (86 FR 61573). That does not give facilities much time, but here are some resources that may help with compliance. (This alert supplements our summary of the CMS and OSHA mandates.) Continue reading →