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Idaho Supreme Court dismisses Creech’s stay of execution appeal

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Idaho Supreme Court dismisses Creech’s stay of execution appeal


BOISE, Idaho (KMVT/KSVT) — The Idaho Supreme Court dismissed Idaho death row inmate Thomas Creech’s appeal in their ruling on Friday and sided with the lower court’s prior rulings.

Idaho Supreme Court Justice G. Richard Bevan framed the written opinion around the two core questions that attorneys for the 70-year-old inmate had put before the bench as their basis for requesting the stay of execution on Monday.

The first question, did the district court err by dismissing Creech’s petition as untimely? It was the opinion of the five-judge panel, that the lower court did not err in its ruling, stating that his appeal for post-conviction relief was not filed in a timely matter according to the Idaho Constitution.

Then there was appeal that Creech received ineffective post-conviction legal counsel when he was given the death sentence after being found guilty of first-degree murder in 1983, by a judge and not a jury.

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His attorneys argued on Monday that Creech’s death sentence should be thrown out because it was handed down by a judge, and not a jury.

The U.S. Supreme Court ruled back in 2002 that only juries could impose a death sentence, again, the Idaho Supreme Court rejected this claim because it was not filed in a timely manner.

The written summary states that since the opinion was issued more than fourteen days before February 28th, there is no need to stay the execution date set forth.

His execution by lethal injection was ordered by the Court and will be carried out by the Idaho Department of Corrections on February 28th and officials with the IDOC say that they do have the drugs necessary to carry out the order.

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Insurer asks Idaho Department of Insurance to investigate hospital billing practice – East Idaho News

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Insurer asks Idaho Department of Insurance to investigate hospital billing practice – East Idaho News


POST FALLS (Idaho Capital Sun) — A major Idaho health insurer this week asked the Idaho Department of Insurance to investigate the billing practices of a new North Idaho hospital.

Blue Cross of Idaho claims that Post Falls ER & Hospital has refused offers to be part of the insurer’s network of in-network providers, and has instead relied heavily on a last-resort financial protection that lets health care providers dispute insurer payments.

Blue Cross of Idaho Chief Strategy Officer Drew Hobby said the insurer wants to protect consumers from rising health care costs.

“We have a responsibility to help Idahoans get access to high quality, affordable care. And we’re very concerned and alarmed with this process, which we would say is driving up unreasonable costs and unreasonable rates to Idahoans,” he told the Idaho Capital Sun in an interview.

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The Idaho Department of Insurance is reviewing the issue, agency spokesperson Julie Robinson said in a statement.

The Post Falls ER & Hospital opened in 2024. The facility was Nutex Health Inc.’s first micro-hospital in Idaho.

Post Falls ER & Hospital could not be immediately reached for comment.

Outside of the Post Falls ER & Hospital, 100% of hospitals in Idaho are in Blue Cross’s network, Hobby said. Blue Cross also asked the Department of Insurance to help get the hospital’s owners to meet with Blue Cross.

What is the billing practice Blue Cross wants Idaho to investigate?

In its letter to the Idaho Department of Insurance, Blue Cross asked for a probe into whether the Post Falls ER & Hospital has misused a process called independent dispute resolution.

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The process, created by the federal No Surprises Act, allows health care providers to challenge denials and payments by health insurers for services that are out of network, triggering arbitration to decide the final payment.

Each week in recent months, Blue Cross received an average of 75 dispute requests from the hospital, the insurer said in its letter. That is much more than the insurer says it received from all other health care entities in Idaho. On average each month, Hobby said Blue Cross only received 14 dispute requests from other providers in Idaho.

“Compared to the rest of providers that we work with … the volume is alarming,” Hobby said.

The payments sought in that process are often high, Blue Cross told the Department of Insurance. One example Hobby shared was a claim for nearly $2,900 to treat a runny nose, which was well over the $376 that is the median commercial rate for nasal congestion.

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Chief Deputy/COO Dan McElhinney leaves ITD

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Chief Deputy/COO Dan McElhinney leaves ITD




With more than three decades of public service, Idaho Transportation Department (ITD) Chief Deputy Director and Chief Operations Officer Dan McElhinney has announced he is leaving state service.

McElhinney focused on relationships and working with local leaders and community members to improve safety on Idaho’s transportation system. A significant advocate for stakeholder partnerships, he established the work zone safety task force and strengthened the Construction Partnering program with the Idaho Associated General Contractors.

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“I am so grateful for Dan’s dedication and emphasis on connecting with communities and overseeing the historic investments in construction focused on safety and mobility, which have enhanced quality of life for Idahoans,” said ITD Director Scott Stokes.

ITD Chief Engineer Dave Kuisti has been named acting Chief Operations Officer until permanent leadership position changes are determined.





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Idaho’s transgender sports ban headed to U.S. Supreme Court

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Idaho’s transgender sports ban headed to U.S. Supreme Court


WASHINGTON D.C. — Idaho’s ban on transgender women competing in sports will be argued in front of the U.S. Supreme Court.

The Gem State was the first in the nation to prohibit transgender athletes from participating in women’s and girls’ sports in 2020. The law, known as The Fairness in Women’s Sports Act, has faced ongoing legal challenges since its passage.

Lindsay Hecox, a transgender Boise State University student who first challenged the ban, attempted to dismiss the case earlier this year. A federal judge rejected the request, keeping the lawsuit active.

In his ruling, U.S. District Judge David Nye said “[Idaho] has a fair right to have its arguments heard and adjudicated once and for all.”

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Now, the legal question that will be answered by the Supreme Court is: “Whether laws that seek to protect women’s and girls’ sports by limiting participation to women and girls based on sex violate the Equal Protection Clause of the Fourteenth Amendment.”

The Supreme Court is expected to hear arguments on Jan. 13.





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