Lexology July 25, 2024
Restrictive covenants in Indiana have long been a topic of litigation and debate for health care providers, private practices, and health systems. Historically, and before there were statutory restrictions for physician non-competes, there is a long line of cases that have required physician non-competes to be reasonable in scope, geography, and length of time, and have been enforced or not accordingly. Indeed, the majority of Indiana published appellate decisions on non-compete issues are physician related. At least twice the Indiana Supreme Court has provided material guidance on physician non-compete issues. See Cent. Ind. Podiatry, P.C. v. Krueger (2008) and Raymundo v. Hammond Clinic Ass’n (1983).
Most recently in 2023, the Indiana legislature took an active role in regulating physician non-competes....