Friday, April 7, 2023

FINAL 2023 Legislative Report

The 2023 session of the Idaho Legislature concluded on April 6 as both the House and the Senate adjourned sine die. While a handful of bills sprung up and required the immediate attention of the IMA Lobby Team – telehealth and Medicaid managed care come to mind – the bulk of our time was spent on graduate medical education (GME), women’s health, and gender affirming care.

For the first time in recent years, efforts to secure funding for graduate medical education (GME) expansion were primarily straightforward. There were attacks from outside organizations, but they were dismissed quickly. IMA anticipates continued growth in this area, as the development of the Year Seven request of the Ten-Year GME Expansion Plan is already underway.

Abortion has long been a political wedge issue in the Idaho Legislature. IMA saw aspects of this in 2023. However, there seems to be an evolution among many Legislators – you can be “pro-life” and be “pro-health of the mother.” As highlighted last week, the legislation passed was not the win we had worked so hard for. However, the Lobby Team successfully educated legislators on the unintended consequences of the Total Abortion Ban and its impacts in a post-Roe world. The Lobby Team also built meaningful relationships with the pro-life lobby, Idaho Chooses Life specifically, and received assurances from them and other legislators to advance meaningful legislation in the 2024 session.

Finally, and perhaps the most controversial issue of this legislative session for IMA, is gender affirming care for minors. IMA advocates worked overtime trying to educate elected officials on the harmful impacts of HB 71. There were attempts to amend the bill on the Senate floor to exclude surgeries only and to exempt suicidal youth, but unfortunately, those amendments failed. Most recently, IMA worked with a broad coalition to encourage Governor Little to veto HB 71. Physicians and families met with the Governor’s staff to highlight the potential fallout and unintended consequences of this bill being signed into law. These attempts proved unsuccessful, as HB 71 was signed into law on April 4.

Below is a more in-depth breakdown of those IMA priority issues and an idea of what to expect in the future:

HB 374: Fixes to Idaho’s Total Abortion Ban

HB 374 eliminates the affirmative defense standard (guilty until proven innocent), but does not address the health of the mother, only her life. The bill provides exceptions for ectopic or molar pregnancy, removal of a dead unborn child, and treatment of a woman who is no longer pregnant. HB 374 contains an exception for rape and incest with a copy of a police report, which the victim is entitled to within 72 hours. Even though it isn’t the full array of fixes we sought, HB 374 is progress from current law and is supported by the IMA. HB 374 was signed into law on Tuesday, April 4. In the April 1 edition of the IMA Wire, we provide an in-depth analysis regarding the political context of HB 374, which you can read about by clicking the button below.

HB 71: Criminalizing Transgender Care for Minors

On Tuesday, April 4, Governor Little signed HB 71 into law. The bill makes it a felony for physicians to provide gender affirming treatment to transgender youth, punishable by up to ten years in prison. Many physicians and families are extremely concerned about the harmful impacts of HB 71 on patients who struggle with severe gender dysphoria. These children may suffer major depression and suicidal ideation as a result of being denied evidence-based healthcare. ACLU of Idaho quickly announced that it will take legal action by challenging the law. They are now actively seeking individuals who are directly impacted.

It should be noted that while most legislation in Idaho typically goes into effect on July 1 of the year it is signed, HB 71 is unique and will go into effect on January 1, 2024. These additional six months should help provide the impacted families and the physicians treating them more time to figure out the next steps. IMA physicians who provide gender affirming care are working together with other organizations to create resources for providers, patients, and families. Watch for more information coming soon.

Throughout the Legislative Session, IMA monitors legislation and provides status updates every Friday. Click here to view the IMA Bill Tracker.