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On April 23, the Federal Trade Commission (FTC) announced a final rule that prohibits employers from entering into noncompete agreements with workers, including employees, independent contractors and interns. The ban on noncompetes is far-reaching, stopping nearly all types of these post-employment agreements between employers and workers across all types of industries, including healthcare.A noncompete agreement is a provision in an employment contract that prevents a former employee from working for an organization that competes with their former employer. The agreements last for a specific period, across a specific geographic area, and/or in a particular market. To maintain their competitive advantage, employers have used noncompetes to protect confidential information, such as trade secrets, specialized training and intellectual property.
Healthcare organizations will have to wait to see how legal issues are resolved within the courts. However, employers across industries may want to reconsider their noncompete strategy now and try to make their agreements as narrow and enforceable as possible.“Even the presence of this discussion, whether the final rule ultimately gets passed in its current state form or not, will impact the way judges view the enforceability of noncompetes,” Frier explained.For healthcare organizations, in particular, leaders may also want to look at some relationships between hospitals and physicians as the noncompete debate continues. For example, hospitals can make money off of referrals from the physicians they employ.
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A press release, published on 16 May 2024, says that the EPR will be delivered by Oracle Health, with backing from the Bath and North East Somerset, Swindon and Wiltshire Integrated Care Board (BSW …
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