The proposed legislation, titled the "Emergency Care Affordability Act," aims to protect patients from excessive emergency medical bills incurred from out-of-network providers. It introduces a new chapter in Title 41 of the Idaho Code, which includes definitions of key terms such as "allowed amount," "emergency medical condition," and "freestanding emergency room." The bill mandates that out-of-network freestanding emergency rooms must accept the health benefit plan's allowed amount for in-network providers as full payment for emergency services, prohibiting them from billing patients for any excess amounts. Additionally, it requires clear disclosures to patients regarding the non-participation of providers in Medicare, Medicaid, or TRICARE programs.
The legislation also outlines provisions for self-funded health plans, allowing them to opt into the chapter's regulations by notifying the Department of Insurance annually. Enforcement mechanisms are established, holding out-of-network providers accountable for violations, including the potential liability for attorney's fees incurred by patients challenging improper billing practices. The act is set to take effect on July 1, 2026, following the declaration of an emergency to expedite its implementation.