News & Analysis as of

Hospitals Health Care Providers Restrictive Covenants

Roetzel & Andress

Planning for the Unexpected: How Unwind Agreements Help Medical Practices

Roetzel & Andress on

If your medical practice is considering joining a larger group or hospital, it’s important to ask: what if the new relationship doesn’t work out? In some situations, an unwind agreement can provide a path back to...more

Littler

States Continue to Limit Restrictive Covenants for Health Care Professionals

Littler on

Following a trend in recent years, state legislatures continue to ban or curtail the use of non-compete provisions and other restrictive covenants in employment agreements with physicians and other healthcare providers. The...more

Epstein Becker & Green

Montana, Indiana, Colorado, Oregon, and Utah Amend Restrictive Covenant Laws for Healthcare Providers

Epstein Becker & Green on

In the wake of the nationwide injunction last year barring the Federal Trade Commission’s (FTC) attempted Noncompete Ban, states have continued to legislate the scope of enforceable restrictive covenants, especially...more

Epstein Becker & Green

2025 Picks Up Steam with Increased Scrutiny of Health Care Transactions and Corporate Structures

A new year brings about new legislation. Given the recent trend of health care transactions coming under increased scrutiny at the state level, EBG has released its map summarizing states that already have laws...more

Bricker Graydon LLP

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

Bricker Graydon LLP on

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

Saul Ewing LLP

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

Saul Ewing LLP on

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

Holland & Knight LLP

Providers Negotiating with Doctors Who Have Restrictive Covenants Beware

Holland & Knight LLP on

Providers negotiating with doctors and other medical professionals who are bound by enforceable restrictive covenants is tricky business. By virtue of his/her/their position, these physicians may owe fiduciary duties to the...more

Goodwin

Antitrust and Competition Healthcare Quarterly Update Q4 2022

Goodwin on

The Impact of the FTC’s Proposed Sweeping Ban on Non-Competes - On January 5, 2023, the United States Federal Trade Commission (FTC) proposed a new rule (the Proposed Rule) that would define an employer’s use of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Indiana Senate Approves Ban on Doctor Noncompete Agreements

On February 7, 2023, the Indiana Senate passed a bill to outright ban noncompete agreements between doctors and their healthcare provider employers, though with an amendment to remove restrictions on referral incentives....more

Benesch

Dialysis & Nephrology Digest - January 2022

Benesch on

Benesch reviews state, federal modifications to restrictive covenant laws - In a “Year-End Review,” Benesch points out there was considerable activity in trade secret and restrictive covenant law in 2021. Some of the...more

Jackson Lewis P.C.

Enforceability of Physician Non-Compete Agreements

Jackson Lewis P.C. on

Non-compete covenants in physician employment and shareholder agreements are common practice. Whether they are legally enforceable as drafted varies from state to state. Some states have broad interpretations of...more

Amundsen Davis LLC

State Bill Would Limit Restrictive Covenants With Physicians

Amundsen Davis LLC on

Historically, a majority of states have allowed employers to use restrictive covenants with physicians—and only a handful of states (among them: Delaware, Massachusetts, and Rhode island) have prohibited that practice in...more

Winstead PC

Physician Non-Compete Agreements and the Anti-Kickback and Physician Self-Referral Laws

Winstead PC on

It is common practice for a hospital to require a physician to sign a non-compete agreement whenever the hospital employs the physician or acquires the physician’s medical practice. In certain respects, that is to be...more

Fisher Phillips

Physician Non-Compete Agreements Present Challenges, Potential Controversy

Fisher Phillips on

When it comes to physician employment agreements, non-compete provisions can be controversial and tricky. The use of these agreements is nonetheless increasing and evolving as hospitals and other groups try to protect their...more

McDermott Will & Schulte

Florida’s HB 1243 Stalls, but Restrictive Covenant Provisions Move Forward

Florida’s HB 1243, with its proposed reporting requirements that would have directly affected timelines for health care transactions, particularly those involving hospitals or medical practices with four or more physicians,...more

Tucker Arensberg, P.C.

Physician Estopped From Alleging FCA Violations in Contract He Previously Approved

Tucker Arensberg, P.C. on

Cooper v. Pottstown Hospital is another case where a dissatisfied party is attempting to use the federal Anti-Kickback Statute or the Stark Law in litigation arising out of the contracts to which they were willing parties at...more

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