New York courts would block work restrictions that threaten essential care

A court must refuse an order enforcing a health care professional’s work restriction when the court finds that enforcement would meet one of the stated risks to essential care. It covers physicians and other health care professionals licensed, certified, or registered under New York Education Law who face a contract term restricting their work after a job or other professional relationship ends. The court must find that enforcement would materially impair community access, eliminate or substantially reduce an essential hospital service, impair the hospital’s ability to provide essential care, or create a substantial risk to the continuity or availability of essential hospital services. The court must consider affected patients, nearby comparable care, the professionals’ number and roles, hospital services, continuity of care, and other relevant factors. This rule does not affect confidentiality, trade secret, proprietary information, employee nonsolicitation, or other contract terms unrelated to restricting health care services. The act would take effect immediately and apply to requests for court orders made or pending on or after that date.

The health commissioner may give a court information or an assessment about how enforcing a work restriction could affect access to essential care. The information or assessment concerns the possible effect of enforcing a health care professional’s work restriction on access to essential health care services. The commissioner may provide information or an assessment only upon request from an affected general hospital or health care professional.