Sherman Antitrust Act: Federal antitrust law that prohibits anticompetitive business practices and must be considered when drafting non-compete restrictions
Federal Trade Commission Act: Federal law governing unfair competition practices, including the FTC's 2023 proposed rule to ban non-compete agreements
Defend Trade Secrets Act: Federal law providing uniform protection for trade secrets that may be relevant to confidentiality provisions in healthcare non-competes
HIPAA: Health Insurance Portability and Accountability Act governing patient privacy and data protection requirements in healthcare settings
Medicare/Medicaid Regulations: Federal healthcare program requirements that may impact permissible restrictions on medical practice
State Non-Compete Laws: Varying state-specific regulations on non-compete enforceability, including complete prohibitions in some states like California
State Medical Practice Acts: State-specific laws governing medical practice and professional conduct that affect permissible restrictions on healthcare providers
State Trade Secret Laws: State-specific protections for confidential business information that complement federal trade secret protection
FTC Proposed Non-Compete Ban: January 2023 proposed rule by the Federal Trade Commission to prohibit non-compete agreements nationwide
Healthcare Worker Protection Laws: State-specific pandemic-era protections for healthcare workers that may affect mobility and practice restrictions
Patient Access Considerations: Public policy requirements ensuring patient access to care is not unduly restricted by non-compete provisions
Medical Staff Privileges: Considerations regarding how non-compete agreements interact with hospital privileges and medical staff relationships
Continuity of Care Requirements: Legal and ethical obligations to ensure continuous patient care during transitions or practice restrictions
Professional Medical Ethics: Ethical guidelines from medical boards and associations that impact permissible practice restrictions
Geographic Restrictions: State-specific limitations on permissible geographic scope of non-compete provisions in healthcare
Duration Restrictions: State-specific limitations on time duration of non-compete provisions in healthcare settings
Scope of Practice Restrictions: Legal limitations on what activities and practices can be restricted in healthcare non-compete agreements
