Idaho Code

Idaho Code § 48-311 (2026)

enforcement and civil penalties. 

✓ current as of May 2026
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enforcement and civil penalties. 

If any party takes any extraordinary collection action other than in accordance with section 48-304 or 48-306, Idaho Code, then:

(1)  Notwithstanding any provision of law or agreement to the contrary, a patient shall have no liability to any party for any collection costs, expenses, and fees, including attorney’s fees and prejudgment and postjudgment interest;
(2)  The party is liable to the patient in an amount equal to any actual damages sustained by the patient as a result of any failure to comply, or one thousand dollars ($1,000), whichever is greater; and
(3)  Where a court finds a party has willfully or knowingly violated section 48-304 or 48-306, Idaho Code, the court may award up to three (3) times the amount of actual damages, or three thousand dollars ($3,000), whichever is greater. In any successful action to enforce the liability set forth in this section, the patient shall be entitled to the costs of the action, together with reasonable attorney’s fees, as determined by the court.
Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2025–2026 · leading case: Ridgeline Med., LLC v. Lyon (Idaho 2026).
Ridgeline Med., LLC v. Lyon (Idaho 2026). · cites it 16× “Ridgeline also asserts that section 48-311 (2020) violates the Substantive Due Process Clause because the statutory damages imposed in that section are constitutionally unreasonable penalties that are disproportionate to the offense.”
DeKlotz v. NS Support, LLC (Idaho 2025). · cites it 6× “Given that we have already awarded fees on appeal to DeKlotz pursuant to section 48-305(3), we do not need to address his request for fees pursuant to section 48-311(3).”
DeKlotz v. NS Support, LLC (Idaho 2025). · cites it 6× “Given that we have already awarded fees on appeal to DeKlotz pursuant to section 48-305(3), we do not need to address his request for fees pursuant to section 48-311(3).”
— Idaho Code § 48-311(2) — 1 case
Ridgeline Med., LLC v. Lyon (Idaho 2026). “Ridgeline also asserts that section 48-311 (2020) violates the Substantive Due Process Clause because the statutory damages imposed in that section are constitutionally unreasonable penalties that are disproportionate to the offense.”
— Idaho Code § 48-311(3) — 3 cases
DeKlotz v. NS Support, LLC (Idaho 2025). “Given that we have already awarded fees on appeal to DeKlotz pursuant to section 48-305(3), we do not need to address his request for fees pursuant to section 48-311(3).”
DeKlotz v. NS Support, LLC (Idaho 2025). “Given that we have already awarded fees on appeal to DeKlotz pursuant to section 48-305(3), we do not need to address his request for fees pursuant to section 48-311(3).”
Ridgeline Med., LLC v. Lyon (Idaho 2026). “Ridgeline also asserts that section 48-311 (2020) violates the Substantive Due Process Clause because the statutory damages imposed in that section are constitutionally unreasonable penalties that are disproportionate to the offense.”
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