Consent and compliance

New hiring laws in Idaho for 2027: merit-based hiring at Medicaid providers, portable benefits for contractors, the CPA degree path and what employers do next

On this page
  1. Which Idaho hiring laws changed in 2026, and what changes in 2027?
  2. What does Idaho's Merit-Based Health Care Act require of employers?
  3. Can Idaho businesses offer benefits to independent contractors?
  4. How did Idaho change CPA licensing?
  5. What changed for background checks, drivers and public employers?
  6. What did not change in Idaho?
  7. What should Idaho employers do before January 1, 2027?
  8. What does this mean for staffing agencies in Idaho?
  9. Questions people ask

As of November 2026, Idaho's hiring changes for 2026 and 2027 all took effect on July 1, 2026. The Merit-Based Health Care Act (House Bill 928) bars Medicaid-participating health care providers from hiring preferences based on race, sex or national origin, from DEI criteria in employment decisions, from the mandatory bias training it describes and from DEI pledges as a condition of employment. The Portable Benefit Plan Act (House Bills 645 and 931) lets businesses fund independent contractors' benefit accounts without that being treated as evidence of employment. House Bill 563 opens a CPA license to applicants with a bachelor's degree and two years of experience, House Bill 667 ends Idaho's nondomiciled commercial driver's license program, and House Bill 521 lets private organizations that serve children, older adults and people with disabilities submit fingerprints for FBI checks.

Idaho passed no pay transparency, salary history, ban-the-box or E-Verify law, and the minimum wage stays at $7.25. Each item below links to the bill page on the Idaho Legislature's site, which lists the session law chapter and the effective date. The standing checklist (Department of Labor and Tax Commission accounts, the ID W-4, the workers' compensation notice, new-hire reporting) is in our Idaho hiring hub; this page is the dated list of what is new.

Not legal advice. Checked as of November 2026 against the 2026 bills, statements of purpose and bill histories on legislature.idaho.gov, the Idaho Code, the USCIS Form I-9 page, the Federal Register and the EEOC. A specific hire can turn on facts this page cannot see; confirm with an Idaho employment lawyer.

Which Idaho hiring laws changed in 2026, and what changes in 2027?

Idaho session laws and the federal rules that apply to Idaho employers, sorted by date.

Law or ruleEffective dateWhat changes for hiringSource
House Bill 563, 2026 Sess. Laws ch. 48July 1, 2026CPA license by graduate degree, bachelor's plus 30 hours, or bachelor's degree with two years of experienceH 563
House Bill 544, ch. 57July 1, 2026State employees in the Guard or reserves get 160 hours of paid military leave a year, up from 120H 544
House Bill 521, ch. 77July 1, 2026Private entities serving vulnerable populations may submit fingerprints to the Idaho State Police for FBI checksH 521
House Bills 645 (ch. 106) and 931 (ch. 274), Portable Benefit Plan ActJuly 1, 2026Contributions to a contractor's portable benefit account are not treated as evidence of employmentH 645
House Bill 667, ch. 167July 1, 2026Idaho's nondomiciled commercial learner's permit and CDL program eliminatedH 667
House Bill 494, ch. 220July 1, 2026Department of Health and Welfare background checks, including fingerprinting, written into statuteH 494
House Bill 928, ch. 289, Merit-Based Health Care ActJuly 1, 2026Medicaid-participating providers: no race, sex or national origin preferences or defined DEI practices in hiring and contractingH 928
USCIS, Form I-9 electronic systemsJuly 31, 2026Electronic I-9 systems had to update to the version expiring 05/31/2027USCIS Form I-9
DHS final rule, 91 FR 65306October 14, 2026Finalizes the end of automatic extension of certain EADs during renewal, so reverification dates come soonerFederal Register
OFCCP, 91 FR 54444October 26, 2026The Executive Order 11246 regulations for federal contractors are rescindedFederal Register
EEOC rescission of 2012 arrest and conviction records guidanceOctober 28, 2026The guidance no longer applies; Title VII still doesEEOC release
USCIS, Form I-9 08/01/23 editionMay 31, 2027The remaining 08/01/23 printing reaches its expiration date; the 01/20/25 edition is currentUSCIS Form I-9

What does Idaho's Merit-Based Health Care Act require of employers?

House Bill 928 (2026 Sess. Laws ch. 289), signed April 2, 2026, adds a chapter to title 56 of the Idaho Code. It covers a "health care provider," meaning 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. With respect to employment, policies, training or communications, such a provider may not engage in:

  • Discriminatory hiring: "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."
  • Prohibited DEI conduct: considering DEI in hiring, promotion, pay, discipline, termination or contracting; race- or sex-based preferences, targets, benchmarks, quotas or equity goals; mandatory bias training that assigns responsibility or outcomes by protected characteristics rather than individual merit; and "required statements, pledges, attestations, or affirmations" endorsing DEI "as a condition of employment or contracting."

The act does not bar compliance with Title VI and other federal civil rights laws, demographic data collected for clinical care, quality reporting or public health, non-ideological training required for clinical competency, licensure or accreditation, or programs required or encouraged by federal law, CMS guidance or accreditors. Compliance is a material condition of Medicaid provider agreements, as applied to Medicaid-funded activities. The Attorney General investigates on a formal complaint, the provider gets written notice and a chance to correct before penalties, and penalties run up to $10,000, $50,000 and $100,000 for first, second and later violations at providers with 50 or more employees, or $5,000, $25,000 and $50,000 below that. A health care professional may sue only for retaliation for refusing to take part in prohibited DEI conduct.

For recruiters, the checklist is concrete: remove diversity statements or pledges from applications, drop any demographic slate or hiring target from requisitions, score candidates on job-related criteria written before the interviews, and check that required trainings fit the exemptions. Federal law still bars discrimination on every protected basis, so the fix is neutral criteria, not a new preference; see the interview scorecard template.

Can Idaho businesses offer benefits to independent contractors?

Yes, under the Portable Benefit Plan Act, new Idaho Code 44-2801 to 44-2804, enacted by House Bill 645 and trimmed by House Bill 931, both effective July 1, 2026. Any person or business, "including an internet-based or application-based company," may voluntarily contribute to a portable benefit account owned by an independent contractor, for plans such as health, disability, life or income replacement insurance and retirement. Contributions "shall not be treated as evidence that a worker is an employee" under employment security law, worker's compensation law, the Internal Revenue Code or "any state and federal employment or labor laws." They may come from the hiring party's funds or from the contractor's pay if the contractor opts in in writing and can opt out at any time, and the act gives a state tax deduction to the payer and an exclusion to the contractor. A state statute cannot change how federal agencies apply their own tests, and the other classification factors still decide status, so keep the contract and the working relationship consistent with contractor status; see worker misclassification for staffing agencies.

How did Idaho change CPA licensing?

House Bill 563 (ch. 48), effective July 1, 2026, strikes the requirement of "one hundred fifty (150) semester hours" and replaces it with three educational pathways, each with an accounting concentration: a postbaccalaureate degree, a baccalaureate degree plus 30 additional semester hours, or a baccalaureate degree. The first two need one year of verified experience and the bachelor's-only path needs two years, plus the examination. The statement of purpose says the change addresses a workforce shortage and aligns Idaho with other states for interstate practice. Accounting job ads that say "CPA or CPA eligible" can now reach graduates with a four-year degree.

What changed for background checks, drivers and public employers?

  • Fingerprints for private organizations. House Bill 521 amends Idaho Code 67-3008 so that private, noncriminal justice entities that qualify under the National Child Protection Act of 1993 and the Volunteers for Children Act "that serve vulnerable populations such as children, the elderly, and individuals with disabilities" may submit fingerprints to the Idaho State Police bureau for state and FBI checks. Youth programs, senior care and disability services can now run fingerprint checks on staff and volunteers through the state.
  • Health and Welfare checks. House Bill 494 puts the Department of Health and Welfare's background checks, including fingerprinting of the categories of applicants it lists, into statute so the department can keep using FBI records; its statement of purpose says it enacts what already existed in rule. See Idaho background check laws and Idaho ban-the-box.
  • Commercial drivers. House Bill 667 eliminates Idaho's nondomiciled commercial learner's permit and CDL, which could be issued to a person domiciled in a foreign country or another state under federal rules. Carriers recruiting drivers should confirm where a candidate's CDL was issued and that it is valid.
  • Military leave. House Bill 544 raises paid military leave for state officers and employees in the National Guard or reserves from 120 to 160 hours a calendar year.

What did not change in Idaho?

What should Idaho employers do before January 1, 2027?

  1. Medicaid providers: audit hiring materials for preferences, targets, DEI criteria or pledges, and document the exemptions that apply to required training.
  2. Businesses using contractors: decide on portable benefits and write any pay withholding as an opt-in, opt-out written term.
  3. Update accounting job ads for the new CPA paths.
  4. Youth, senior and disability services: set up fingerprint checks through the Idaho State Police if you qualify.
  5. Check Form I-9 versions and EAD reverification dates; see Form I-9 reverification.
  6. Remove references to the 2012 EEOC guidance from background check procedures.

What does this mean for staffing agencies in Idaho?

Agencies that place clinicians or support staff with Medicaid-participating providers should expect clients to ask for confirmation that candidate slates and screening criteria are merit-based, since the act reaches providers' contracting decisions as well as hiring. Platforms and agencies that work with 1099 contractors gain a safe way under Idaho law to fund benefits, but not a change in federal tests. Driver staffing firms lose the nondomiciled CDL route. The federal I-9 and EAD changes apply to every temporary worker an agency employs. See our Idaho staffing agency guide and employer of record in Idaho; other states' 2027 changes are in new hiring laws for 2027.

Questions people ask

What new employment laws took effect in Idaho in 2026?

As of November 2026, the main ones took effect July 1, 2026: the Merit-Based Health Care Act (House Bill 928), which bars Medicaid-participating health care providers from hiring preferences based on race, sex or national origin and from the DEI practices it defines; the Portable Benefit Plan Act (House Bills 645 and 931) for independent contractors; House Bill 563, which opens a CPA license to applicants with a bachelor's degree and two years of experience; House Bill 667, which ends Idaho's nondomiciled commercial driver's license program; and House Bill 521 on fingerprint checks by private organizations that serve vulnerable people. This is not legal advice.

Does Idaho ban DEI in hiring?

For Medicaid-participating health care providers, in part. Since July 1, 2026, Idaho Code title 56, chapter 25, added by House Bill 928, says such a provider may not engage in discriminatory hiring, meaning a preference or disadvantage in employment or contracting based on race, sex or national origin unless federal law requires it, or in prohibited DEI conduct, such as DEI criteria in hiring, race- or sex-based targets, certain mandatory bias training, or required DEI pledges as a condition of employment. Compliance is a material condition of Medicaid provider agreements, and the Attorney General can seek civil penalties after notice and a chance to correct.

Can a company give an Idaho independent contractor benefits without making them an employee?

Idaho's Portable Benefit Plan Act, effective July 1, 2026, lets any business voluntarily contribute to a portable benefit account owned by an independent contractor and says those contributions shall not be treated as evidence that the worker is an employee under state employment security or worker's compensation law, among other laws. Contributions may also come from the contractor's own pay if the contractor opts in in writing and can opt out at any time. The rest of the classification test still applies.

Do Idaho CPAs still need 150 credit hours?

No. House Bill 563, effective July 1, 2026, gives three education paths: a graduate degree, a bachelor's degree plus 30 additional semester hours, or a bachelor's degree, each with an accounting concentration. The first two need one year of verified experience and the bachelor's-only path needs two years, along with the examination.