Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Health care winners and losers after FTC bans noncompete clauses

Nurse and patient

Young clinicians and patients are likely to benefit from the FTC's new rule banning noncompete clauses.

Nansan Houn/Getty Images

Pearl, the author of “ ChatGPT, MD,” teaches at both the Stanford University School of Medicine and the Stanford Graduate School of Business. He is a former CEO of The Permanente Medical Group.

With a single ruling, the Federal Trade Commission removed the nation’s occupational handcuffs, freeing almost all U.S. workers from noncompete clauses that prevent them from taking positions with competitors for varying periods of time after leaving a job.

American medicine, especially, will benefit. The FTC projects the new rule will boost medical wages, foster greater competition, stimulate job creation and reduce health expenditures by $74 billion to $194 billion over the next decade. This comes at a crucial time for American health care, an industry where half of physicians report burnout and 100 million people (41 percent of U.S. adults) are saddled with medical bills they cannot afford.


The FTC’s final rule, issued in April, liberates not only new hires but also the 30 million Americans currently tethered to noncompete agreements. Scheduled to take effect in September — subject to legal challenges by the U.S. Chamber of Commerce and other business groups — the ruling will allow health care professionals to change jobs within the community rather than having to move 10, 20 or even 50 miles away to avoid breaching a noncompete clause.

Like all major rulings, this one creates clear winners and losers — outcomes that will reshape careers and potentially alter the very structure of U.S. health care.

Winners: Newly trained clinicians

Undoubtedly, the FTC’s ruling is a win for younger doctors and nurses, many of whom enter the medical job market in their late 20s and early 30s, carrying significant student-loan debt — nearly $200,000 for the average doctor.

Eager for a stable, well-paying position, young professionals join hospitals and health systems with the promise of future salary increases and more autonomy. But when these promises fail to materialize, noncompete clauses give clinicians little choice but to uproot their lives, move far away and start over. As one physician in rural Appalachia told the FTC, “Healthcare providers feel trapped in their current employment situation, leading to significant burnout that can shorten their career longevity.”

By banning noncompetes, the FTC’s rule will boost career mobility, spurring competition among health care employers to attract and, more importantly, retain top talent.

Currently, the rule comes with one notable asterisk: Nonprofit hospitals and health systems fall outside the FTC’s jurisdiction. However, the agency says these facilities might be at “a self-inflicted disadvantage in their ability to recruit workers.” Moreover, as Congress intensifies scrutiny on the nonprofit status of U.S. hospitals, those that reject the FTC’s guidelines may find themselves forced to comply through legislative actions.

Winners: Patients in competitive health care markets

The FTC’s ban on noncompete clauses will directly improve patient outcomes. For example, doctors and nurses who experience less burnout and greater job satisfaction are far less likely to make serious medical errors, studies show.

Further, clinicians who are now free to practice elsewhere in the community are likely to offer greater access, lower prices and more personalized service to attract and retain patients. Other doctors and nurses will join local outpatient centers, offering convenient and cost-effective alternatives to the high-priced diagnostic tests, surgeries and urgent care provided at nearby hospitals.

Losers: Large health systems

Made up of several hospitals in a geographic area, large health systems have traditionally relied on noncompete agreements to build market dominance. By preventing high-demand medical professionals such as radiologists and anesthesiologists from joining with competitors or starting independent practices, these health systems have managed to suppress competition while forcing insurers to pay more for services.

Currently, these systems demand high reimbursement rates from government and business payers. At the same time, they maintain relatively low wages for staff, creating a highly profitable model. Yale economist Zack Cooper’s research shows the consequence of the status quo: In highly concentrated hospital markets, prices go up and quality declines.

The FTC’s ruling will challenge those conditions, eroding health-system monopolies and shrinking their oversized bottom lines.

Losers: Hospital administrators

Individual hospitals have faced a unique challenge this past decade. Inpatient numbers continue falling nationwide, which makes it harder for hospital administrators to fill beds. This trend — driven by new technologies, evidence-based practices and changing insurance-reimbursement policies — have forced hospital administrators to adapt their financial strategies.

And adapt they did. Today, outpatient services account for half of all hospital revenue, reflecting aggressive acquisitions of local practices that offer physician consultations, procedures like radiological and cardiac diagnostics, chemotherapy, and same-day surgery.

Medicare and other insurers pay hospital-owned outpatient services more than local doctors and other facilities for identical services. By acquiring community outpatient practices, hospitals are paid higher rates without facing higher costs, thus generating large profits.

This strategy only works, however, if hospital administrators can prevent clinicians from quitting and returning to practice in the same community. If they do, their patients are likely to follow.

This is why the noncompete clauses are so essential to a hospital’s financial success. As expected, the American Hospital Association opposes the FTC’s rule, calling it “bad law, bad policy, and a clear sign of an agency run amok.”

Looking ahead

Today’s hospital systems are divided between haves and have-nots. Facilities in affluent areas enjoy higher reimbursements from private insurers, with greater financial success and higher administrator salaries (but not necessarily better patient outcomes). Rural hospitals grapple with low patient volumes while facilities in economically disadvantaged, high-population areas face greater financial difficulties.

None of these models are working for everyday Americans. The ultimate measure of health care policy should be its effect on patients. Based on the FTC ruling, the evidence is clear: Eliminating noncompete clauses will benefit patients greatly.


Read More

Pacific heights , San Francisco, CA

High view over Pacific heights and San Francisco Bay at sunset

Getty Images

Class A for Residents, Class B for Investors

Neighborhood residents should be able to build ownership without surrendering control to whoever brings the largest check. I propose a neighborhood corporation with Class A shares for residents and Class B shares for outside investors. Pacific Heights and Cow Hollow could examine the first model, then make its documents and lessons available to other neighborhoods.

The distinction must mean something. Class A would protect resident governance. Class B would let outside capital participate on disclosed economic terms. The corporation would own assets it voluntarily acquires and operate agreed services. It would govern those assets and contracts; government authority over zoning, taxes and public streets would remain subject to public law.

Keep ReadingShow less
Marjorie Taylor Greene (

Rep. Marjorie Taylor Greene (R-GA) speaks during a hearing with the House Committee on Homeland Security in the Cannon House Office Building on December 11, 2025 in Washington, DC.

(Photo by Anna Moneymaker/Getty Images)

Why Democrats Should (Ironically) Listen to Marjorie Taylor Greene Right Now

On a recent episode of conservative commentator Tim Pool’s podcast, former US Rep. Marjorie Taylor Greene responded to the near 40-point swing among young white men to Democrats in the 2026 midterm.

Her message: They don’t care about party. They want people in office who will do something for them.

Keep ReadingShow less
​A demonstrator holds a sign

A demonstrator holds a sign in front of the Federal Courthouse in Detroit, Michigan.

(Photo by Bill Pugliano/Getty Images)

Beyond Airstrikes: Why America Must Rethink Its Counterterrorism Strategy in Nigeria

When American forces carried out airstrikes against suspected Islamic State militants in northwest Nigeria on Christmas Day 2025, the operation offered a glimpse of renewed security cooperation between Washington and Abuja. But for Nigerians living in communities threatened by terrorism, kidnapping and armed attacks, a more pressing question remained: Would the strikes make their lives any safer?

That question deserves attention in Washington. The United States has spent decades helping Nigeria combat terrorism through military equipment, intelligence sharing and training. Yet armed violence continues to disrupt everyday life across northern Nigeria, raising doubts about how the success of American counterterrorism assistance should be measured.

Keep ReadingShow less
Victorian style houses at Alamo Square in San Francisco, CA

Colourful vibrant Victorian style houses at Alamo Square in San Francisco, California, USA

Getty Images

Fund the Community DataBank

San Francisco residents need an organization that can follow public money and decisions before the damage is done. I propose a Community DataBank, beginning with Pacific Heights and Cow Hollow, supported by a modest, publicly approved allocation of our taxes. Residents should be able to find out what government is doing without requiring everyone to research City Hall.

My earlier proposal placed two desks outside the Mayor’s Office, staffed by neighborhood association members who would watch who goes in and out and follow the public business behind those visits. The DataBank would give those desks useful work and reliable records. A visitor’s presence would prompt a question; official documents would establish what actually happened.

Keep ReadingShow less