Home Health Care News August 21, 2024
Andrew Donlan

A federal judge this week barred the Federal Trade Commission’s (FTC) non-compete ban from moving forward. It was set to take effect in early September.

While certain leaders may have celebrated the FTC’s vote to ban non-competes across the country, home care providers were concerned over what the ban would mean for non-solicitation agreements.

Broadly, non-solicitation agreements keep home care clients from cutting out the agency and hiring their assigned caregiver directly.

In the event that a non-compete ban came to fruition, however, those non-solicitation agreements may have been rendered unenforceable in certain states.

“The rulings and the positions are going beyond just the traditional non-compete agreement into client service agreements that have direct-hire provisions or penalty provisions not allowing...

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