Bill > H0928

This bill establishes the Merit-Based Health Care Act, aiming 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" and "diversity, equity, and inclusion" (DEI) and prohibits "prohibited DEI conduct," which includes considering DEI in hiring, promotion, or contracting, using race or sex-based preferences or quotas, mandating certain types of bias training, or requiring endorsements of DEI principles. Health care providers are forbidden from engaging in these practices or using state funds for public-facing communications that promote them, though compliance with federal civil rights laws and collection of demographic data for legitimate purposes are permitted. Violations can result in civil penalties, with higher penalties for providers with more employees, and the Attorney General can investigate complaints. The bill also allows health care professionals to sue for retaliation if they refuse to participate in prohibited DEI conduct, and it includes a provision that sex can be an occupational qualification if reasonably necessary for the business. Finally, the act clarifies that it does not override federal law and includes an emergency clause for an immediate effective date of July 1, 2026.

Health and Social Services

Ways and Means Committee (House)

https://legislature.idaho.gov/sessioninfo/2026/legislation/H0928/