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Benesch

Benesch Healthcare+ Nephrology & Dialysis Conference Panel Key Take Aways - Noncompete Update and Case Study

Benesch on

The future of non-competition agreements remains volatile. Recent actions by the FTC and several states threaten to limit, or even outright ban, these agreements. Such an evolving regulatory landscape requires employers to...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

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

Health Care Compliance Association (HCCA)

In Biggest Stark-Based FCA Settlement Ever, Indiana Hospital Pays $345M, Has Unusual CIA

Community Health Network (CHN) in Indiana has agreed to pay $345 million to settle false claims allegations that it paid over-the-top salaries to hundreds of physicians and rewarded them for their referrals in violation of...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

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

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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

Polsinelli

Prescription Practices Called into Question: Iowa Court Applies Four-Factor Test to Physician’s Defamation Claim Based on Report...

Polsinelli on

The Supreme Court of Iowa recently reversed the judgment of a district court and remanded the matter with instructions to enter summary judgment in favor of Hamilton County Public Hospital, operating as Van Diest Medical...more

McAfee & Taft

Compensation policies for physicians employed by hospitals and health systems

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An estimated 45% of physicians nationally are employed by hospitals and health systems. Their compensation arrangements vary widely and take into account regional and local adjustments, different payment methodologies,...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

King & Spalding

False Claims Act Case Based on Stark Law Violations to Continue After the Third Circuit Revives Whistleblowers’ Claims

King & Spalding on

On September 17, 2019, the U.S. Court of Appeals for the Third Circuit revived three whistleblowers’ claims alleging that the University of Pittsburgh Medical Center (UPMC) and neurosurgeons employed by three subsidiary...more

Polsinelli

Med-Staff Newsletter - September 2019 | VOL 3

Polsinelli on

Dr. Kenneth Economy was employed by East Bay Anesthesiology Medical Group (“Anesthesia Group”), which held an exclusive contract to provide anesthesia services at The East Bay Hospital (“Hospital”). During asurprise...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

Mitchell, Williams, Selig, Gates & Woodyard,...

"Insider" Edition—Required Referrals and the Stark Law (Part Two of Two)

Hospitals and physicians must consider many items when a hospital is putting together an employment contract with a physician. One question we have seen more and more hospitals ask is whether a hospital may insert a provision...more

Fisher Phillips

7 Steps To Sever Ties With An Employed Physician

Fisher Phillips on

It is always unpleasant for a healthcare entity or medical practice to have to sever ties with an employed physician, but it is sometimes necessary. Perhaps the physician has committed serious policy violations or lost an...more

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

Physician Employment Contracts: How to Avoid Conflict if an Employment Relationship Sours

In the ever-changing healthcare industry, one consistent trend has emerged in recent years—a shift from physicians being employed by physician-owned practices to physicians being employed by larger healthcare entities. In the...more

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

It’s Time to Update Physician Noncompete Agreements in Connecticut

There have been a number of recent legislative developments that will impact physician noncompete agreements entered into in Connecticut. First, any physician noncompete agreement entered into on or after July 1, 2016, must...more

Poyner Spruill LLP

Final Curtain Call for Tuomey: Long-Running FCA/Stark Case Settled

Poyner Spruill LLP on

After 10 years of litigation, including two trials and appeals to the 4th Circuit Court of Appeals, the U.S. Department of Justice (DOJ) and Tuomey Healthcare System (Tuomey) have entered into a settlement of DOJ's action...more

Saul Ewing Arnstein & Lehr LLP

Fourth Circuit Affirms Jury’s Rejection of Advice of Counsel Defense - Shedding Light on the Conditions for Good Faith

The Fourth Circuit recently affirmed a $237 million jury verdict against Tuomey Healthcare System under the False Claims Act (FCA) for claims stemming from Stark Law violations. The Stark Law violations stemmed from part-time...more

McDermott Will & Emery

Tuomey’s Appeal of $237M False Claims Act Judgment Denied by the Fourth Circuit

McDermott Will & Emery on

In This Issue: - Background - Tuomey’s Second Appeal to the Fourth Circuit - The Trial Court’s Grant of a New Trial - Tuomey’s Request for Judgement as a Matter of Law on the Stark Law and FCA Issues ...more

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