News & Analysis as of

Hospitals Restrictive Covenants

Bradley Arant Boult Cummings LLP

New Healthcare Practitioner Non-Compete Provisions Effective September 1, 2025

On June 20, 2025, Texas enacted SB 1318, modifying the criteria for enforceable healthcare practitioner non-competes in the Texas Business and Commerce Code. The modifications (1) limit the scope of enforceable physician...more

Fisher Phillips

3 New Laws for Virginia Employers Went Into Effect on July 1: Are You Prepared?

Fisher Phillips on

July 1 marked the effective date for three new laws that will create new rights for workers and new obligations for employers in Virginia: - Expansion of Non-Compete Ban – Virginia employers are now prohibited from...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

Foley & Lardner LLP

Indiana Adds More Restrictions on Physician Noncompete Agreements

Foley & Lardner LLP on

Last month we reported on physician and healthcare noncompete laws enacted in 2025. Shortly after the article was posted, another state joined the ranks: Indiana....more

Jackson Lewis P.C.

Indiana’s Amended Physician Non-Compete Statute Bars Physician-Hospital Agreements Starting July 1

Jackson Lewis P.C. on

Following a nationwide trend for physician mobility, Indiana’s legislature has passed another amendment to the state’s 2020 Physician Non-Compete Statute (Ind. Code § 25-22.5-5.5), which limits the enforceability of...more

Husch Blackwell LLP

Wyoming Restricts Employer Use of Noncompete Agreements: How Will This Impact Physicians?

Husch Blackwell LLP on

On March 19, 2025, Wyoming passed a new law, SF 107, broadly circumscribing employers’ use of noncompete agreements. Generally, SF 107 broadly prohibits covenants that restrict the right of “any person” to receive...more

Amundsen Davis LLC

Indiana Lawmakers Pass Bill Prohibiting Noncompete Agreements Between Hospitals and Physicians

Amundsen Davis LLC on

When Indiana’s 2025 legislative session concluded on April 25, bills with significant implications for hospitals were approved. This alert addresses one of those bills—Senate Enrolled Act 475 (SEA 475)—which prohibits...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

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

Louisiana Institutes New Restrictions on Noncompete Agreements for Primary Care Physicians

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

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

Parker Poe Adams & Bernstein LLP

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

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

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

Fisher Phillips

Top Workplace Law Stories You May Have Missed from May 2023

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...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

Jackson Lewis P.C.

Ohio Appeals Court Reinforces a Trial Court’s Ability to Modify Noncompete Agreements

Jackson Lewis P.C. on

In MetroHealth Sys. v. Khandelwal, 2022-Ohio-77, Ohio’s Eighth District Court of Appeals affirmed a trial court’s modification of a noncompete agreement between a hospital and a physician formerly employed by the hospital....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

Fisher Phillips

The Top 18 Workplace Law Stories from August 2021

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...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

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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 & Emery

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

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