Rating: –1

Bill Summary:

Senate Bill 1087 creates a new Chapter 73 in Title 39, Idaho Code, requiring health care providers to furnish one free copy of a patient’s medical records—including mental health records—if the request is made to support a claim or appeal under the federal Social Security Act. The request may come from the patient, their attorney, or an authorized representative. The bill mandates that requests be fulfilled within 30 days and in electronic format if available, defaulting to paper only if no electronic format exists.

An exemption exists for small providers who meet all of the following conditions: they must have fewer than 50 employees, be independently owned, and not contract with a third-party service to handle medical records. The bill applies broadly to both large and mid-sized providers and takes effect July 1, 2025.

Reason for Rating:

S1087 earns a negative rating because it creates a new, unfunded government mandate that compels private health care providers to perform work without compensation. By forcing providers to deliver medical records for free under a state-imposed deadline, the bill directly violates the Idaho Republican Party Platform’s commitment to limited government and free market principles. The law shifts the cost of providing medical records from the patient or the Social Security system to the provider—effectively mandating uncompensated labor and interfering with private contracts. While well-intentioned, this form of government intervention distorts market forces, burdens private businesses, and sets a troubling precedent for compelling free services under state law. For these reasons, S1087 receives a negative rating.