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Committee backs bill to ban physician noncompetes, with negotiated amendment to protect certain upfront investments

Senate Business, Labor, and Economic Affairs Committee · April 8, 2025
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Summary

After testimony from physicians, hospitals and health systems, the committee approved HB 620 with an amendment that preserves recovery of agreed‑upon upfront investments and delays the effective date to give hospitals time to adjust contracts.

The Senate Business, Labor and Economic Affairs Committee voted to advance House Bill 620, which would expand an existing prohibition on noncompete agreements to include all physicians. Proponents argued the ban would ease recruitment and retention in shortage areas and preserve continuity of care when physicians change employers.

Physicians and medical associations described local examples in which noncompetes constrained doctors from staying in the same community, creating gaps in care. Jean Branscum of the Montana Medical Association and Jonathan Anderson, an anesthesiologist in Kalispell, said removing noncompetes will help recruit permanent physicians and reduce reliance on temporary out‑of‑state providers.

Hospital and system representatives said they use noncompetes with buyout clauses to recover investments — equipment, sign‑on bonuses or moving costs — and proposed an amendment allowing recovery of specified, agreed‑upon upfront costs and setting the effective date for new agreements to Jan. 1, 2026. Committee discussion focused on scope (all physicians rather than two specialties previously exempted) and interactions with residency or loan‑repayment programs; witnesses said WWAMI clawbacks would not be affected.

The committee approved HB 620 as amended and will send the amended bill to the floor.