April 2, 2025

 

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In This Issue:


  • Measles Preparedness for Idaho
  • Federal Court Limits EMTALA Exception to Idaho Abortion Law
  • Congress Extends Medicare Telehealth Flexibilities
  • Board of Medicine Appointments
  • Treasure Valley Regional Climate & Health Symposium

Measles Preparedness for Idaho: The Time is Now


As measles outbreaks are reported in more states across the U.S., now is the time for Idaho physicians to ensure their staff are protected and clinics are prepared for potential presentations of measles infection.


As of March 27, measles data from the Center for Disease Control and Prevention (CDC) reflected a total of 483 confirmed measles cases in the U.S. this year, including 70 hospitalizations and two deaths across 20 jurisdictions. On March 31st the Colorado Department of Public Health and Environment (CDPHE) announced the state's first confirmed case.


As of this writing there are no confirmed measles cases in Idaho. However, the decline in recent years in vaccination rates among school-aged children suggests that exposure to potential outbreak could be significant. CDC data on MMR vaccine coverage for kindergartners for the 2023-24 school year estimates Idaho vaccination rates at 79.6%. According to a recent article in Scientific American, the MMR vaccination rate for school districts in Gaines County, Texas, the epicenter of the Texas outbreak, is 82%. (In reality the percentage is likely lower, as many children in Gaines County are homeschooled and thus not included in state-collected vaccination data.)


Resources for Physicians:


Medical practices are prudent to consider infection control measure such as a plan to rapidly identify and isolate patients with known or suspected measles, adherence to Airborne Precautions, and access to appropriate PPE for providers and staff. The following resources delineate steps to be prepared:


CDC: Interim Infection Prevention and Control Recommendations for Measles in Healthcare Settings


Association for Professionals in Infection Control and Epidemiology (APIC): "Measles Playbook"


The IMA Public Health Committee will continue to monitor the potential impact of measles within Idaho communities and provide mitigation strategies and resources.

Federal Court Limits EMTALA Exception to Idaho Abortion Law




By Kim C. Stanger

Partner, Holland & Hart LLP


The conflict surrounding Idaho's abortion ban and EMTALA continues. In 2022, the Biden Department of Justice (DOJ) obtained a preliminary injunction blocking enforcement of Idaho's ban in EMTALA cases. On March 5, 2025 the Trump DOJ dismissed the case, thereby nullifying the injunction. Anticipating such action, St. Luke's Health System (SLHS) filed its own lawsuit to keep the injunction in place.


On March 20, 2025, the Federal District Court of Idaho renewed the injunction but, because SLHS was the only hospital filing suit, the Court limited the scope of the injunction to SLHS hospitals and providers. Consequently, the injunction barring enforcement of the abortion ban in EMTALA cases no longer protects non-SLHS physicians from prosecution.


The abortion ban does contain an exception that applies if the physician reasonably believes that the abortion is necessary to save the life of the mother. Also, while non-SLHS providers do not have the protection of the injunction, they may still assert EMTALA preemption as a defense to the claims. The federal court has twice ruled that EMTALA likely preempts Idaho's abortion ban if a pregnant woman comes to the hospital and the abortion is necessary to stabilize the mother's health. Under these circumstances, it is unlikely an Idaho prosecutor would bring a criminal abortion case in an emergency department situation, but there are no guarantees. Until the issue is resolved, Idaho physicians (other than SLHS physicians) should beware, know the requirements and limits of the law, and document care decisions carefully. For a more detailed discussion, click HERE.

Congress Extends Medicare Telehealth Flexibilities for Another Six Months


On December 21, 2024, President Biden signed HR 10545, as a continuing resolution (CR) to keep the federal government funded through March 31, 2025. This included a section granting temporary telehealth waivers allowing providers to continue delivering services in a variety of locations, but more importantly, for patients to receive services within their homes. Congress has now authorized an extension of these telehealth flexibilities through September 30, 2025. The provisions, initially effectuated during the COVID-19 public health emergency, facilitate telehealth services, through a variety of means, including:


  • Medicare patients can receive telehealth services for non-behavioral/mental health care in their home.
  • There are no geographic restrictions for originating site for Medicare non-behavioral/mental telehealth services.
  • Telehealth services can be provided by all eligible Medicare providers.
  • Federally Qualified Health Centers (FQHCs) and Rural Health Clinics (RHCs) can serve as Medicare distant site providers for non-behavioral/mental telehealth services.
  • An in-person visit within six months of an initial Medicare behavioral/mental telehealth service, and annually thereafter, is not required.
  • Non-behavioral/mental telehealth services in Medicare can be delivered using audio-only communication platforms.


The extension of these flexibilities is a welcome development, particularly for patients in rural and underserved areas. For more information, click HERE.

Apply to Serve as a Board Member for the Idaho State Board of Medicine


There are currently two appointment vacancies posted for the Idaho State Board of Medicine, for a doctor of osteopathy and a physician assistant, respectively. Two vacancies for medical doctor members are anticipated in July. All physician and PA appointees must be a resident of, licensed in, and actively practicing within the State of Idaho. Board members are responsible for upholding public safety and licensure standards via investigations and disciplinary proceedings of licensees, collecting and reviewing maternal mortality data, upholding appropriate scope of practice for licensees, and other responsibilities.


Commitment: Appointments are for a six-year term. Board members meet quarterly from 8:30 - 5:00 p.m. with interim meetings called infrequently on an as-needed basis.


For more information on the role of regulatory boards and how to apply for appointment to the board, visit the Division of Occupational and Professional Licenses (DOPL) website.

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Treasure Valley Regional Climate & Health Symposium


Friday May 16, 2025

8:00 a.m. - 5:00 p.m.


In-person and virtual attendance options are available.


St. Alphonsus invites you to attend this one-day event providing evidence-based education on climate change and its far-reaching effects on public health. This symposium will bring together healthcare professionals, public health experts, facility managers, and engineers to explore the critical intersection of climate change and health. Through expert-led presentations and interactive, specialty-specific discussions, you will gain insights on how your practice can contribute to sustainable healthcare and improved health outcomes in the face of climate change. CME credits available. For more information and to register, click HERE.

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