Here are five policy moves dealing with noncompetes from the last year that ASCs need to know:
1. In January, the Federal Trade Commission proposed a rule that would keep employees free from non-compete contracts. The rule would apply to full-time employees and independent contractors, both paid and unpaid. The non-compete rule, which the FTC is accepting public comments on until March 10, would impact nearly every job position in the U.S., including physicians and medical staff.
2. Last year, Illinois passed a law that prohibits nurse agencies from entering noncompete contracts with nurses and certified nurse aides.
3. Iowa passed a law that prohibits healthcare employment agencies from restricting employment opportunities by including a noncompete clause in their contracts.
4. Kentucky passed a law prohibiting healthcare services agencies from restricting employment of direct care staff by using noncompete clauses.
5. Washington, D.C., banned noncompetes for employees making less than $150,000 per year or for a medical specialist, defined as a physician who has a license to practice medicine and has completed a medical residency, making less than $250,000. The law means virtually all noncompetes are banned except for medical specialists making more than $250,000 per year.