Healthcare information technology (HIT) professionals are on the move, HIT companies are seeking the best talent, and healthcare provider entities are hoping to get more from existing IT departments. HIT personnel are likely changing employers with frequency not seen before. What is the small EHR vendor going to do to protect itself? Going further, the concern is not limited to the small company. Established HIT companies or highly advanced medical provider entities that write their own applications should have the same concerns.
.
In this fast paced period in the HIT industry, protecting your investment is paramount. Edges can be gained and lost in frighteningly short time. So, how do you keep your important information closely held?
.
Non-compete agreements (NCAs) are designed to prevent individuals from leaving a company or healthcare entity with valuable information and then using that information in a new job with a competitor of the company or entity to the detriment of that original company/employer. But what about the freedom of the employee to leave one job and go to another? How are the interests of the employee weighed against the interests of the employer? That is the essence of the determination that courts must make in cases involving NCAs.
.
If you are looking for additional information, O’Toole Law Group provides a brief, easy to understand white paper, which although general in nature provides important insight to the HIT professional from different perspectives, both the individual employee and the healthcare provider or HIT company employer. This white paper is available for you to download when you sign up for HITECH Answers monthly newsletter.
.
About O’Toole Law Group William O’Toole is a contributing expert for HITECH Answers and founder of the O’Toole Law Group, specializing exclusively in healthcare information technology, following his long tenure as Corporate Counsel at Medical Information Technology (MEDITECH). Known and respected by executives, attorneys and consultants throughout the healthcare industry, O’Toole now represents healthcare provider entities and technology companies in all aspects of technology acquisition, development and distribution. O’Toole’s primary focus is representing the client or provider side of the industry. Absent any conflict, he also represents technology vendors in structuring or negotiating their agreements and assisting in complex production and distribution matters. Contact him at: wfo@otoolelawgroup.com
William O’Toole