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Joint Health and Welfare Committee Hearing Canceled
On Tuesday, March 26, the House and Senate Health and Welfare Committees planned to hold a joint informational hearing to discuss “Women’s Healthcare Workforce Challenges.” This hearing was the product of months of work between IMA and a small group of stakeholders that included the Idaho Hospital Association and the Idaho Coalition for Safe Healthcare. Unfortunately, the hearing was canceled.
For a more detailed version behind the cancellation, click HERE and HERE.
How Did We Get Here
During the 2023 and 2024 legislative sessions, IMA’s number one priority has been to improve Idaho’s Total Abortion Ban. In 2023 through HB 374, we were able to remove the affirmative defense (the “guilty until proven innocent” standard), along with providing exceptions for ectopic or molar pregnancies, removal of a dead unborn child, and treatment of a woman who is no longer pregnant. It was obvious that more needed to be done and we felt confident that progress would be made during the 2024 legislative session.
Last summer, the lobby team utilized IMA’s Reproductive Health Subcommittee to create and rank a list of priorities, specifically focusing on workforce - what needs to happen to help retain and recruit Ob-Gyns to the state. Overwhelmingly, a health exception was ranked as the highest priority. The lobby team listened and continued its work. Unfortunately, legal roadblocks began to surface, significantly altering expectations of what could be accomplished.
As a reminder, the legal back-and-forth began in the fall when the U.S. Ninth Circuit Court of Appeals reversed a U.S. District Judge ruling that allowed EMTALA protections for physicians treating patients faced with health-threatening pregnancy complications. The Department of Justice challenged this decision, requesting an “en banc” review which was ultimately granted. As a result, the original injunction was reinstated, and EMTALA protections were once again in place during the review.
Idaho Attorney General Raul Labrador filed an appeal, requesting the Supreme Court of the United States (SCOTUS) hear the case, bypassing the Ninth Circuit review. During the first week of January, SCOTUS granted Labrador’s request and in doing so, once again lifted the original injunction, removing EMTALA protections while the case is heard.
The lobby team was blindsided but remained committed to seeking a legislative change to preserve the health of patients faced with harmful pregnancy complications. We drafted legislation that was approved by IMA’s Legislative Advisory Committee (LAC) and began circulating with legislators and stakeholders. Unfortunately, barriers that we overcame in 2023 resurfaced and it was quickly determined that legislation would not be allowed.
The rug had been pulled out from beneath us, but we continued to strategize and explore all pathways with a small group of stakeholders that included colleagues from the Idaho Hospital Association, St. Luke’s, and the Idaho Coalition for Safe Healthcare. As a group we determined that if there was no legislative pathway, the most important thing would be telling the stories of those impacted the most. The LAC agreed and we got to work.
With support from the Chairs of the House and Senate Health and Welfare Committees, Sen. Julie VanOrden (R-Pingree) and Rep. John Vander Woude (R-Meridian), a joint informational hearing was scheduled. Eight guests were invited to present information to members of the Idaho Legislature on women’s healthcare workforce challenges. IMA and our partners were extremely grateful for the opportunity and are equally disappointed with the cancellation.
What’s Next
It is critically important to continue shedding light on the impact Idaho’s laws have on the healthcare workforce and Idaho families. This will be done in part by sharing the stories and data that would have been provided during the canceled hearing. IMA will begin that work during this week’s edition of Idaho Reports which will feature IMA CEO Susie Keller, IMA District Three Trustee Dr. Megan Kasper, and St. Luke’s Chief Physician Executive Dr. Jim Souza. You can view this week’s Idaho Reports the evening of March 29 by clicking HERE.
IMA is still fully committed to a legislative change to preserve the health of patients faced with harmful pregnancy complications. That work will continue through the interim and into next year’s legislative session. Regardless of the SCOTUS decision this summer, a health exception is critical in preserving Idaho’s healthcare system. There is an appetite for these changes in the legislature and we will work with stakeholders to see that legislation is allowed to be heard.
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