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
The HIPAA Privacy and Security Rules require covered entities (including healthcare providers and health plans) and their business associates to protect patient information stored or transmitted electronically, including...more
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
Physicians and other healthcare providers often find themselves in situations in which they no longer want to care for a patient. It may be that the patient is disruptive, noncompliant, or is unable or refuses to pay for his...more
Healthcare providers must comply with the new HIPAA Reproductive Health Rule (the “Rule”) by December 23, 2024. Here is what you need to know and do before then.
Overview. In the wake of Dobbs v. Jackson Women’s Health...more
Idaho’s new crisis hold statute takes effect October 1, 2024, and allows hospitals to temporarily detain “persons with a neurocognitive disorder who are in acute crisis due to an unidentified underlying medical condition [so...more
Idaho’s new crisis hold statute takes effect October 1, 2024, and allows hospitals to temporarily detain “persons with a neurocognitive disorder who are in acute crisis due to an unidentified underlying medical condition [so...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
Idaho’s new parental consent law took effect July 1, 2024. Under the new law:
“[A]n individual shall not furnish a health care service or solicit to furnish a health care service to a minor child without obtaining the...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
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 20, 2024, a Texas federal court vacated the Office for Civil Rights’ (OCR's) controversial guidance concerning Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates, available here....more
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
The HIPAA Privacy, Security, and Breach Notification Rules apply to healthcare providers who engage in certain electronic transactions, healthcare clearinghouses, and health plans, including employee group health plans with...more
5/30/2024
/ Affirmative Defenses ,
Breach Notification Rule ,
Cause of Action Accrual ,
Civil Monetary Penalty ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Disclosure Requirements ,
Employee Training ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach ,
HIPAA Privacy Rule ,
HIPAA Security Rule ,
OCR ,
Penalties ,
PHI ,
Popular
Since 2020, healthcare providers have struggled to reconcile Idaho’s medical lien law with the Idaho Patient Act (IPACT). The lien statute allows healthcare providers who render treatment to a person injured by the acts of a...more
On May 6, 2024, the Department of Health and Human Services (HHS) published its final rule revamping the non-discrimination regulations issued under § 1557 of the Affordable Care Act. The revised rules apply to all...more
5/22/2024
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Compliance ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Non-Discrimination Rules ,
Notice Requirements ,
OCR ,
Policies and Procedures ,
Popular ,
Telehealth ,
Title VI
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
Although often well-intentioned, offering free or discounted items or services to patients (e.g., gifts, rewards, writing off copays, free screening exams, free supplies, etc.) may violate federal and state laws governing...more
2/28/2024
/ Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
Civil Monetary Penalty ,
Cost-Sharing ,
Eliminating Kickbacks in Recovery Act of 2018 (EKRA) ,
Ethics ,
Fraud and Abuse ,
Inducements ,
Medicare ,
OIG ,
Patient Referrals ,
Patients ,
Reimbursements ,
Stark Law ,
Waivers
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
Since early 2022, the Idaho legislature has modified the standards for a patient’s capacity to consent to healthcare and 24-hour protective holds. This health law update summarizes the current rules for capacity and consent;...more
2/7/2024
/ Health Care Providers ,
Healthcare ,
Healthcare Reform ,
Hospitals ,
Mental Health ,
New Regulations ,
Physicians ,
Regulatory Agenda ,
Regulatory Standards ,
State and Local Government ,
State Legislatures
HIPAA applies to both covered entities (e.g., healthcare providers and health plans) and their business associates. A “business associate” is generally a person or entity that “creates, receives, maintains or transmits”...more
10/25/2023
/ Business Associates ,
Business Associates Agreement (BAA) ,
Covered Entities ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Security Rule ,
OCR ,
Patient Confidentiality Breaches ,
PHI ,
Security Risk Assessments ,
Software ,
Subcontractors
The HIPAA Privacy and Security Rules generally require covered entities (including most healthcare providers) to execute written agreements (“business associate agreements” or “BAAs”) with their business associates before...more
10/20/2023
/ Business Associates ,
Business Associates Agreement (BAA) ,
Civil Monetary Penalty ,
Covered Entities ,
Data Breach ,
Disclosure Requirements ,
Electronic Protected Health Information (ePHI) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
HIPAA Privacy Rule ,
HIPAA Security Rule ,
HIPAA Violations ,
OCR ,
Penalties ,
PHI ,
Settlement ,
Subcontractors ,
Termination ,
Written Agreements
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