House Bill 391 - Idaho Health Freedom Act Summary

• Establishes the "Idaho Health Freedom Act" as Chapter 90, Title 39 of Idaho Code, declaring it is state public policy that all persons have the right to choose or decline any mode of securing health care services without penalty or threat of penalty.

• Defines key terms including "health care services" (treatment for physical or mental conditions), "mode of securing" (purchasing directly, through insurance, employer benefits, or government programs), and "penalty" (civil/criminal fines, taxes, fees, or other government-imposed consequences).

• Prohibits all public officials, employees, and agents of the state of Idaho and its political subdivisions from imposing, collecting, or enforcing any penalty that violates the public policy of free choice in health care selection.

• Amends Section 67-1401 to add duty (15) for the Attorney General to seek injunctive relief and defend the state if any law or regulation violates the Idaho Health Freedom Act's public policy.

• Declares the power to regulate choice in health care modes is not found in the U.S. Constitution and is therefore reserved to the people under the Ninth Amendment and to states under the Tenth Amendment.