Senate Health and Welfare advances HB 928 to amendment order after hours of testimony on DEI limits in Medicaid-funded care

The Senate Health and Welfare Committee advanced House Bill 928, the Merit Based Healthcare Act, to the 14th order for possible amendment after more than an hour of sponsor remarks, clinician testimony, and debate. Sponsor Sen. Josh Cole described the bill as a measure to ensure that Medicaid-funded hiring, contracting and training emphasize "professional qualifications, clinical competency and the quality of patient care." He told the committee it "does not authorize discrimination" and that the measure preserves compliance with federal civil‑rights laws and Medicaid requirements.

Opponents — including multiple practicing physicians and statewide medical organizations — told the committee the bill's broad definitions and penalties could discourage evidence‑based training and quality‑improvement activities. Dr. Michael Fields, a family medicine physician, testified the language could restrict clinical education about social determinants of health and implicit‑bias training that, he said, improves patient safety and communication. "If we take away these sort of proclivities towards training to recognize these subtleties, we're really going to be hamstringing our providers," Fields said.

The bill text includes a list of prohibited DEI concepts, an enforcement provision allowing the attorney general to investigate alleged violations, a penalty framework distinguishing large and small employers, and a limited private right of action for health professionals claiming retaliation. The sponsor read aloud statutory exemptions on page 3 that state "nothing in this section shall be construed to prohibit" collection of demographic data for legitimate clinical care, patient‑specific medical discussions related to biological, genetic or epidemiological risk factors, and other specified activities.

Senators pressed witnesses on how the bill would affect hiring choices made for patient comfort, whether patient preferences (for example, preferring a female obstetrician) would be allowed, and how vague language might be interpreted by nonclinical decision‑makers. Supporters said the measure restores merit in hiring and training; critics warned it could worsen rural workforce shortages by increasing legal risk for providers.

Procedure: Sen. Lenny moved to send HB 928 to the 14th order for possible amendment. The committee proceeded to a voice vote; several senators said "aye," and Senators Harris and Wintrow asked to be recorded as opposed. The motion carried and the bill was placed in the amending order.

What's next: The bill will be considered in the 14th order for possible amendment, where members may propose clarifying language or carve outs before further committee or floor action.