H 928 Idaho House · 68th Legislature, 2nd Regular Session (2026)

MERIT-BASED HEALTH CARE – Adds to existing law to establish the Merit-Based Health Care Act.

This bill establishes the Merit-Based Health Care Act in Idaho, which requires health care providers participating in Medicaid to base employment and contracting decisions on individual merit and professional qualifications rather than ideological or discriminatory practices. The law specifically prohibits the use of state Medicaid funds to support diversity, equity, and inclusion initiatives, bias training, or other policies that consider race or sex in hiring, promotion, or compensation decisions. Providers must comply with these requirements as a condition of their Medicaid agreements, and violations can result in civil penalties ranging from $5,000 to $100,000 depending on the size of the organization and the number of violations. The bill also includes a limited private right of action allowing health care professionals to sue if they face retaliation for refusing to participate in prohibited DEI conduct.
Bill status signed all 5 stages cleared
Introduction
Mar 2026
Committee Review
Mar 2026
House Passage
Apr 2026
Senate Passage
Apr 2026
Signed into Law
Apr 2026
Introduced Mar 18, 2026 Signed Apr 2, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Bill Text Engrossment 1 · 3 edits
MINOR
The bill was amended to remove 'sexual orientation' and 'gender identity' from the definition of discriminatory hiring, aligning it with federal law protections. Additionally, the summary of provisions was updated to reflect new limitations and remove references to federal preemption, while adding a specific definition for 'sex' based on existing state code.
Scope change
The bill's scope regarding prohibited conduct was narrowed by excluding sexual orientation and gender identity from the definition of discriminatory hiring.
DEFINITION

Removed 'sexual orientation' and 'gender identity' from the definition of 'Discriminatory hiring'.

Added a new definition for 'Sex' referencing section 73-114 of the Idaho Code.

REQUIREMENT

Updated the bill's summary of provisions to replace 'Federal Preemption' with 'Certain Limitations' and remove the phrase 'and Gender Identity' from the list of prohibited discrimination categories.

Floor votes · Senate Mar 30, 2026 · House Mar 20, 2026

How they voted

306
Passed
Total votes 36
Mar 30, 2026
D Democratic6
6 Nay
100% Nay
R Republican30
30 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
26
Key actions
9
Committee
3
Amendments
3
Apr 1, 2026
Upper · Passed
Signed by President; returned to House
upper
Apr 1, 2026
Upper · Passed
Received from the House enrolled/signed by Speaker
upper
Apr 1, 2026
Lower · Passed
Reported Enrolled; Signed by Speaker; Transmitted to Senate
lower
Mar 31, 2026
Lower · Passed
Rules Suspended: Ayes 61 Nays 0 Abs/Excd 9, read in full as required – PASSED - 55-8-7AYES – Alfieri, Barbieri, Beiswenger, Bingham, Boyle, Bruce, Burgoyne, Cannon(Cannon), Cayler, Cheatum, Crane(12), Crane(13), Dygert, Ehardt, Ehlers, Erickson, Fuhriman, Furniss, Garner, Hall(Stone), Handy, Harris, Hawkins, Healey, Hill(Hill), Hostetler, Leavitt, Manwaring, Marmon, McCann, Mendive, Mickelsen, Miller, Mitchell, Monks, Petzke, Pickett, Pohanka, Price, Rasor, Raybould, Raymond, Redman, Sauter,
lower
Mar 30, 2026
Committee
Bills as Amended Referred to JRA for Engrossing
lower
Mar 30, 2026
Lower · Passed
House Concurred in Senate Amendments
lower
Mar 30, 2026
Introduced
Returned from the Senate Amended; Held at Desk
lower
Mar 30, 2026
Upper · Passed
Read third time as amended in the Senate – PASSED - 29-6-0AYES – Adams, Anthon, Bernt, Bjerke(Bjerke), Blaylock, Burtenshaw, Carlson, Cook, Den Hartog, Foreman, Galloway, Grow, Guthrie, Harris, Hart, Keyser, Kohl, Lakey, Lenney, Lent, Nichols, Okuniewicz, Ricks, Shippy, Toews, VanOrden, Woodward, Zito, ZuiderveldNAYS – Rabe, Ruchti, Semmelroth, Taylor, Ward-Engelking, WintrowAbsent and excused – NoneFloor Sponsors - Kohl & ToewsTitle apvd - to House
upper
Mar 26, 2026
Introduced
Amendments reported printed
upper
Mar 26, 2026
Introduced
Amendments ordered printed
upper
Mar 26, 2026
Upper · Passed
Placed in the Committee of the Whole
upper
Mar 25, 2026
Upper · Passed
Reported out of committee; to 14th Order for amendment
upper
Mar 23, 2026
Introduced
Introduced, read first time; referred to: Health & Welfare
upper
Mar 20, 2026
Lower · Passed
Read Third Time in Full – PASSED - 56-14-0AYES – Alfieri, Barbieri, Beiswenger, Bingham, Boyle, Bruce, Burgoyne, Cannon, Cayler, Cornilles, Crane(12), Crane(13), Dygert, Ehardt, Ehlers, Erickson, Fuhriman, Furniss, Garner, Hall(Stone), Harris, Hawkins, Healey, Hill, Holtzclaw, Hostetler, Leavitt, Marmon, Mendive, Mickelsen, Miller, Mitchell, Monks, Palmer, Petzke, Pickett, Pohanka, Price, Rasor, Raybould, Raymond, Redman, Sauter, Scott, Shepherd, Shirts, Skaug, Tanner(13), Tanner(14), Thomps
lower
Mar 18, 2026
Introduced
Introduced, read first time, referred to JRA for Printing
lower
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.