State-Specific Non-Compete Laws: Non-compete laws vary significantly by state. Some states like California prohibit non-competes almost entirely, while others have specific healthcare-related restrictions. Recent trends show increasing state-level limitations on non-compete enforcement.
Federal Antitrust and Trade Regulations: Key federal regulations including Sherman Antitrust Act, Federal Trade Commission regulations, Medicare/Medicaid regulations, and Healthcare Quality Improvement Act must be considered.
HIPAA Compliance: Health Insurance Portability and Accountability Act requirements for protecting patient information and privacy must be incorporated into the agreement.
Healthcare-Specific Laws: Consideration of Stark Law (physician self-referral), anti-kickback statutes, and other healthcare-specific regulations that may impact the scope and enforcement of the non-compete.
Employment Law Framework: Must comply with Fair Labor Standards Act, state employment laws, Equal Employment Opportunity laws, and proper employee classification requirements.
Professional Medical Standards: Incorporation of Medical Board requirements, state medical practice acts, professional ethics guidelines, and relevant medical staff bylaws.
Patient Care Considerations: Public policy considerations including patient access to care, continuity of care, competition in healthcare markets, and public health concerns must be balanced in the agreement.
