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
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
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
Many hospitals, physician groups, or other providers compensate employed or contracted practitioners based on the work relative value units (“wRVUs”) they generate, e.g., a physician may be paid $x per wRVU performed....more
The CARES Act adopts several measures to help stabilize the healthcare system, address health care issues directly and indirectly related to the current pandemic and ensure future preparedness. It also allocates $100 billion...more
On March 30, 2020, CMS opened the way for hospitals to provide additional compensation and/or support to referring physicians during the COVID-19 pandemic by waiving the enforcement penalties under the federal Ethics in...more
On March 30, 2020, CMS issued numerous additional blanket waivers to give providers greater flexibility in responding to COVID-19. (See https://www.cms.gov/files/document/summary-covid-19-emergency-declaration-waivers.pdf)....more
4/1/2020
/ 1135 Waivers ,
Centers for Medicare & Medicaid Services (CMS) ,
Children's Health Insurance Program (CHIP) ,
Coronavirus/COVID-19 ,
Determination of Need (DoN) ,
EMTALA ,
Fee-for-Service ,
Health Care Providers ,
Hospitals ,
Medicaid ,
Nurses ,
Nursing Homes ,
Pharmacies ,
Prior Authorization ,
Relief Measures ,
Skilled Nursing Facility ,
State and Local Government ,
Waivers
Hospitals—especially rural hospitals—may want to divert inbound ambulances to other facilities, especially when the patient requires services that the hospital may be unable to provide. However, improper diversions may...more
The Idaho Department of Health and Welfare has implemented new patient rights rules for hospitals effective July 1, 2019. (See IDAPA 16.03.14.220 to .350). The rules were advanced by patient advocacy groups and, to a large...more
7/16/2019
/ Advance Directives ,
Audio Recording ,
Grievance Process ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Facilities ,
Hospitals ,
Informed Consent ,
Medicare ,
New Rules ,
Patient Privacy Rights ,
Patient Rights ,
Policies and Procedures ,
Video Recordings
Unless structured properly, a hospital’s financial relationship with referring physicians or other providers may violate the federal Ethics in Patient Referrals Act (“Stark”) and Anti-Kickback Statute (“AKS”), resulting in...more
The Emergency Medical Treatment and Active Labor Act (“EMTALA”) generally requires hospitals to provide emergency care to patients who come to the hospital regardless of their ability to pay. Hospitals that violate EMTALA may...more
The Ethics in Patient Referrals Act (“Stark”) prevents hospitals from paying employed or contracted physicians in the same way that physicians are or were paid by independent physician groups. Specifically, physician groups...more
7/10/2018
/ Centers for Medicare & Medicaid Services (CMS) ,
Health Care Providers ,
Hospitals ,
Joint Venture ,
Outpatient Services ,
Patient Referrals ,
Physicians ,
Remuneration ,
Safe Harbors ,
Self-Referral ,
Services ,
Stark Law