Daily Briefing

Around the nation: FTC to eliminate ban on noncompete agreements


The Federal Trade Commission (FTC) recently voted to vacate its ban on noncompete agreements, which was originally approved in April 2024 under the Biden administration, in today's bite-sized hospital and health industry news from the District of Columbia, Indiana, and Illinois.

  • District of Columbia: Earlier this month, FTC voted 3-1 to vacate its April 2024 rule banning noncompete agreements. The agency also filed motions to dismiss its appeals of district court rulings that found that the noncompete ban exceeded FTC's regulatory authority. FTC commissioner Rebecca Slaughter, who President Donald Trump fired alongside fellow Democratic commissioner Alvaro Bedoya in March, was the dissenting vote. In a statement, Slaughter said removing the regulation and its related legal cases was another attempt by Trump to "throw workers under the bus to ingratiate himself with corporations and their billionaire CEOs." According to hospital advisors, the elimination of the noncompete ban could lead some states to bolster such agreements, with some states already making moves to do so even before FTC's decision. In July, Florida passed a law allowing employers to implement four-year noncompete provisions. Previously, employers in the state had to show that their noncompete agreements had reasonable limitations when it came to length and geographic scope. (Kacik, Modern Healthcare, 9/8)
  • Indiana: Elevance Health is planning to reduce its Medicare Advantage (MA) footprint and exit standalone Medicare prescription drug plans as it works to improve the company's profitability. According to Elevance CFO Mark Kaye, the company is exiting MA plans where "long-term economics are not sustainable." Around 150,000 of Elevance's individual and group MA members will be impacted. Elevance also plans to fully exit standalone Medicare Part D plans so it can focus more of its resources on MA and dual special needs plans. Despite stability concerns in the Part D market, Kaye said the company is not exiting due to uncontrollable costs or volatility. "That decision does not reflect our underperformance or a broader Part D cost concern. We’re simply focusing resources where we can deliver the greatest impact," Kaye said. Overall, Kaye said the decisions were "not made lightly," but should help Elevance end the year on more stable footing. (Pifer, Healthcare Dive, 9/5)
  • Illinois: Eversana and Waltz Health have merged to form a new pharmaceutical pricing platform. The deal combines Waltz's proprietary drug marketplaces and direct-to-payer model with Eversana's global pharmaceutical platform, which the companies say will position the platforms to address misaligned incentives in the drug supply chain and close gaps for patients. "This is a pivotal moment for the healthcare industry," said Mark Thierier, Waltz's CEO and cofounder and Eversana chair. "By combining Eversana's pharma services with Waltz’s technology-enabled payer solutions, we’re creating a unified platform that connects life sciences innovation directly to the organizations and individuals we’re meant to serve." Thierer will become CEO of the new combined company while Eversana CEO Jim Lang will serve as a board member. (Minemyer, Fierce Healthcare, 8/26)

FTC banned noncompetes — but many healthcare workers could be left out

In 2023, the Federal Trade Commission (FTC) approved a rule banning noncompete agreements, a decision that drew praise from many physicians and nurses. However, the rule may not apply to nonprofit hospitals and healthcare facilities, leaving out a large number of medical professionals, Harris Meyer writes for KFF Health News


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