Bill > H0828

This bill, titled the Merit-Based Health Care Act, aims to ensure that health care providers receiving Medicaid funds make employment and contracting decisions based on individual merit, qualifications, and clinical competency, rather than on ideological or discriminatory practices. It defines "discriminatory hiring" as favoring or disadvantaging individuals based on race, sex, sexual orientation, gender identity, or national origin, unless required by federal law, and broadly defines "diversity, equity, and inclusion" (DEI) and "prohibited DEI conduct" to encompass policies, practices, or training that consider DEI in employment decisions, use race or sex-based preferences, mandate bias training that assigns responsibility based on protected characteristics, or require endorsements of DEI principles. The bill prohibits health care providers from engaging in discriminatory hiring or prohibited DEI conduct, or using state funds for public-facing communications that promote such conduct, while explicitly allowing for compliance with federal civil rights laws and the collection of demographic data for legitimate purposes. Compliance with this act will be a material condition of Medicaid provider agreements, and the Department of Health and Welfare will ensure managed care contracts require network-wide compliance. The Attorney General can investigate violations and seek civil penalties, with amounts varying based on the size of the healthcare provider, and the bill also establishes a limited private right of action for health care professionals retaliated against for refusing to participate in prohibited DEI conduct, offering remedies such as reinstatement and damages. Importantly, the bill includes a savings clause stating it does not restrict conduct required by federal law and that any provision preempted by federal law will be severed while the rest of the act remains in effect, with an emergency clause declaring it effective on July 1, 2026.

Business and Industry

Health and Welfare Committee (House)

https://legislature.idaho.gov/sessioninfo/2026/legislation/H0828/