News & Analysis as of September 24, 2024

Physicians

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Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -

Gov. Shapiro Signs Fair Contracting for Healthcare Practitioners Act Into Law

Tucker Arensberg, P.C. on 7/22/2024

On July 17, 2024, Pennsylvania Governor Josh Shapiro signed the Fair Contracting for Health Care Practitioners Act into law, which will become effective as of January 1, 2025....more

Louisiana Institutes New Restrictions on Noncompete Agreements for Primary Care Physicians

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/27/2024

The Louisiana Legislature recently unanimously passed Act No. 273, which limits noncompete agreements for physicians in the state. The act requires all applicable new noncompete agreements to sunset after three years for...more

Benesch Healthcare+ Nephrology & Dialysis Conference Panel Key Take Aways - Noncompete Update and Case Study

Benesch on 6/25/2024

The future of non-competition agreements remains volatile. Recent actions by the FTC and several states threaten to limit, or even outright ban, these agreements. Such an evolving regulatory landscape requires employers to...more

What Does FTC’s Ban of Non-Competes Mean for Healthcare Non-Profits?

Bricker Graydon LLP on 6/14/2024

On April 23, 2024, the Federal Trade Commission (FTC) approved the proposed ban on non-compete agreements. Under the new rule, existing non-competes for senior executives remain enforceable....more

Navigating Noncompetes in Health Care: Understanding the FTC’s Impact

Dickinson Wright on 5/17/2024

Dickinson Wright attorney Kim Ruppel recently participated in The Risky Health Care Business Podcast, where she and host Scott Nelson delved into the intricate world of noncompetes and their ramifications for both health care...more

Federal Suit by Ohio Physicians Challenging Noncompete Agreements Dismissed for Lack of Antitrust Standing

Patterson Belknap Webb & Tyler LLP on 5/10/2024

On April 29, 2024, a federal judge in the Southern District of Ohio dismissed a lawsuit brought by a group of physicians accusing the health-care provider Adena Health System of anticompetitive conduct, including through the...more

What Physicians and Their Practices Need to Know About FTC's Noncompete Ban

Parker Poe Adams & Bernstein LLP on 5/10/2024

On April 23, the Federal Trade Commission (FTC) approved a long-anticipated final rule that will effectively ban the use of noncompete clauses by employers, with a few limited exceptions....more

FTC Bans Non-Competes; Potential Impact on Hospitals, Health Care Practices and Physicians

Saul Ewing LLP on 4/29/2024

On April 23, 2024, the Federal Trade Commission (FTC) approved a final rule (the “Rule”) broadly banning all employee non-compete clauses, with limited exceptions. The Saul Ewing Labor and Employment Group prepared an alert...more

#WorkforceWednesday: Navigating Physician Non-Compete Litigation - Employment Law This Week® - Spilling Secrets Podcast

Epstein Becker & Green on 4/17/2024

Health care employers face unique challenges and considerations when deciding whether to litigate non-compete agreements with physicians. However, in such a quickly evolving legal landscape, the decision to take the matter...more

Florida Legislature Proposes Ban on Physician Noncompete Agreements

Holland & Knight LLP on 2/12/2024

The Florida Legislature is currently considering two bills that, if enacted in their current form, would significantly reduce (and potentially eliminate altogether) the enforceability of noncompete agreements against...more

Proposed Florida Laws Target Physician Non-Competes

Dinsmore & Shohl LLP on 1/22/2024

Non-compete agreements are generally enforceable in Florida, if they are justified by a legitimate business interest and they are reasonable in time, area and line of business. However, a 2019 law invalidated non-compete...more

The Impact of Indiana’s Restrictions on Physician Non-Compete Agreements

Amundsen Davis LLC on 11/10/2023

Recent Indiana legislative sessions have limited the ability of health care entities to enter non-compete agreements with physicians, and the impact of that legislation is starting to be seen. By way of background, prior...more

New Restrictions on Physician Non-Compete Agreements in Connecticut

Littler on 7/3/2023

At the close of the 2023 session, the Connecticut legislature passed Senate Bill 9, “An Act Concerning Health and Wellness for Connecticut Residents.” Buried in this legislation are amendments to the state’s physician...more

Connecticut’s Physician Non-Compete Law Now Revised to Include New Restrictions and Extended to Cover APRNs and PAs

Pullman & Comley - Connecticut Health Law on 6/30/2023

Since July 1, 2016, Connecticut has had a law (CGS §20-14p) which, among other things, places a one year and 15 mile restriction on all physician non-compete agreements. Effective July 1, 2023, the law has been revised...more

New Non-Compete Health Care Restrictions in Connecticut

Seyfarth Shaw LLP on 6/15/2023

As various states and federal agencies seek to prohibit or limit the use of non-competes, Connecticut joined the trend. Connecticut’s new legislation, SB 9, expands restrictions on the enforceability of physician non-competes...more

Connecticut Legislature Passes Law Limiting Physician, PA and APRN Non-Compete Agreements

Robinson+Cole Health Law Diagnosis on 6/13/2023

On June 5, 2023, the Connecticut Legislature passed Public Act No. 23-97, “An Act Concerning Health and Wellness for Connecticut Residents” (“the Act”). Sections 13 through 15 of the Act make important changes to Connecticut...more

Nevada Seeks to Ban Non-Competes with Physicians

Seyfarth Shaw LLP on 6/12/2023

The Nevada legislature passed new legislation recently that essentially bans all non-compete clauses in physician contracts while severely limiting the instances in which a hospital or psychiatric hospital may employ a...more

Know Your Limits: Understanding State-Imposed Restrictions on Noncompetes

Proskauer Rose LLP on 5/26/2023

An estimated 30 million workers in the United States, roughly 18 percent of the American workforce, are subject to a noncompete agreement, according to the US Treasury Department and Federal Trade Commission. Noncompete...more

Indiana to Further Restrict Physician Non-Competes

Jackson Walker on 5/3/2023

On April 25, 2023, the Indiana Senate passed an amendment banning non-compete agreements with primary care physicians (defined as physicians practicing family medicine, general pediatric medicine, and internal medicine)...more

Changing Jobs with a Non-Compete: What Do You Say and When Do You Say It?

Hendershot Cowart P.C. on 3/23/2023

Changing Jobs with a Non-Compete: What to Say and When? Changing jobs when you have a non-compete agreement in place can be tricky. Before making a move, plan your exit strategy – set a date, practice your resignation, and...more

FTC Proposes a Rule to Prohibit Non-Compete Agreements

Tucker Arensberg, P.C. on 2/3/2023

On January 5, 2023, the Federal Trade Commission (FTC) took a dramatic step by proposing a new rule that would prohibit companies from entering into non-compete agreements with its workers. The proposed rule, if approved,...more

Navigating Contract Reviews for Early Career Physicians: Insights from a Physician Contract Review Attorney

Tucker Arensberg, P.C. on 1/31/2023

At the conclusion of their residency or fellowship, physicians are faced with the new challenge of interviewing and negotiating their first contract. One of the first things that I hear from early career physicians who reach...more

PPMs, Take Note: FTC Proposed Rule Banning Noncompetes May Have Significant Industry Impact

McDermott Will & Emery on 1/25/2023

On January 5, 2023, the Federal Trade Commission (FTC) issued a proposed rule that would prohibit employers from using noncompete agreements with their employees or independent contractors. Noncompete agreements are prevalent...more

FTC Proposes Broad Rule Banning Non-Compete Covenants with Physicians and Other Healthcare Workers

Fox Rothschild LLP on 1/12/2023

On January 5, 2023, the Federal Trade Commission (“FTC”) published a Notice of Proposed Rulemaking (“NPRM”) which would broadly prohibit companies from entering into or enforcing non-competition agreements or clauses (also...more

Healthcare Noncompete Laws Get a Checkup in Four States and the District of Columbia

Epstein Becker & Green on 8/3/2022

As readers of this blog likely know, many states have entirely different statutory schemes for noncompetes in the healthcare industry. Indeed, while 47 states generally permit noncompetes, more than a dozen expressly prohibit...more

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