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Legislative and Advocacy Update

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. In the case Moyle v. US and Idaho v. US, the U.S. Justice Department challenged Idaho’s abortion ban, contending the law violates the federal EMTALA law, requiring physicians to provide care in emergency situations where a woman’s health was at serious risk. The court didn’t rule on the question whether EMTALA supersedes the Idaho law or of emergency abortion access; rather, the 6-3 decision states that the high court took the case too early in the process and should have left the question to lower courts, essentially dismissing the case. Now, the case will be heard by the Ninth Circuit Court of Appeals, which was scheduled to hold hearings earlier this year before the Supreme Court took the case. The high court’s action also reinstated the EMTALA injunction, which means Idaho physicians can provide necessary care, including abortions for high-risk pregnancies in emergency rooms, in order to protect the mother’s health. We will be watching for how this continues to play out in the courts and the coming legislative session.

Minor Consent Law: 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 records of their minor children subject to very limited exceptions. This is a significant change in the current law and will require healthcare providers to adjust their current policies and practices. The statute must be read and applied in conjunction with Idaho’s general consent statutes, I.C. § 39-4501 et seq.

Holland and Hart has a great resource on the new law: https://www.hollandhart.com/blanket-consents-under-idahos-new-minor-consent-law

Protective Placement Holds: Starting October 1, 2024, a new law goes into effect that pertains to patients with Neurocognitive Disorders. This legislation (S1247) introduces a framework for neurocognitive holds for patients experiencing acute neurocognitive disorders, such as severe dementia or traumatic brain injury or an acute crisis that is a result of an underlying neurocognitive disorder and not a behavioral health disorder. It allows for temporary holds to ensure patient and public safety while appropriate long-term care plans are developed. This measure is designed to provide a safer environment for these vulnerable patients and those around them. This hold can be started in the community by police, crisis response workers or physicians. The hold is only for 24 hours but can be lifted prior to that by physicians if the acute crisis has resolved and a safety plan is met. There will be continued education put forth by the Department of Idaho Health and Welfare on this as the law goes into effect.