TITLE 56

PUBLIC ASSISTANCE AND WELFARE

CHAPTER 25 [26]

MERIT-BASED HEALTH CARE ACT

56-2503 [56-2603].  definitions. As used in this chapter:

(1)  "Discriminatory hiring" means granting a preference or imposing a disadvantage in employment or contracting based on race, sex, or national origin, except as expressly required by federal law.

(2)  "Diversity, equity, and inclusion" or "DEI" means the policies commonly known and practiced as DEI, critical race theory, or anti-racism, any form of race or sex stereotyping or scapegoating, or the concepts that:

(a)  One race or sex is inherently superior to another race or sex;

(b)  The United States is fundamentally racist or sexist;

(c)  An individual, by virtue of the individual’s race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(d)  An individual should be discriminated against or receive adverse treatment solely or partly because of the individual’s race or sex;

(e)  Members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

(f)  An individual’s moral character is necessarily determined by the individual’s race or sex;

(g)  An individual, by virtue of the individual’s race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(h)  An individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of the individual’s race or sex;

(i)  Meritocracy or traits such as a hard work ethic are racist or sexist or were created by a particular race to oppress another race; or

(j)  All people should be compelled to believe in and speak in a manner consistent with the concept that an individual can change the individual’s sex or gender.

(3)  "Health care provider" means any individual or entity that voluntarily participates in the Idaho medicaid program or receives medicaid reimbursements in whole or in part through a state-contracted managed care network.

(4)  "Prohibited DEI conduct" means any policy, practice, training, or requirement that includes:

(a)  Consideration of DEI in hiring, promotion, compensation, discipline, termination, or contracting decisions;

(b)  Race-based or sex-based preferences, targets, benchmarks, quotas, or equity goals;

(c)  Mandatory bias, implicit bias, systemic bias, or similar training that assigns responsibility, disadvantage, or professional outcomes based on protected characteristics rather than individual merit or performance; or

(d)  Required statements, pledges, attestations, or affirmations endorsing diversity, equity, and inclusion principles or related ideological frameworks as a condition of employment or contracting.

(5)  "Public-facing communication" means any communication made available to the public, including marketing materials, websites, mission or value statements, publicly presented staff trainings, facility signage, or social media.

(6)  "Sex" has the same meaning as defined in section 73-114, Idaho Code.

History:

[(56-2603) 56-2503, added 2026, ch. 289, sec. 1, p. 1208.]