January 4, 2024

Governor Hochel is kicking off 2024 by vetoing two very important legislative efforts, impactful to our community as healthcare providers.

(1)    The first - legislation that’s been hotly watched and prematurely gaslighting-ly covered, voiding and restricting most non-competes, has been vetoed, and New York remains constant with non-competes being enforceable so long as they are reasonable and duration and geography.  For the employees I represent - Yes, yes, I know.  Freedom was within your grasp, however, you would still have to contend with the threat of a non solicit, so not totally free.   For the employers I represent (and as a class I am part of), yes, I believe a reasonable non compete is defensible and protects the necessary risk-taker from professional ruin.  I support reasonable non competes.   Reasonable, in my mind, meaning an employee can find work within a reasonable commute time without moving from any prior employment...  AP News report -   https://apnews.com/article/noncompete-agreement-bill-veto-new-york-61e53ad13f41f1da574740438ee34e63

(2)     The second - legislation updating the wrongful death statute that I was watching with interest being pushed by the New York State Trial Bar (plaintiff lawyers), which, if passed, would have allowed families of deceased recover putative damages from wrongful death from instances such as medical malpractice.   Good riddance.   Governor Hodge has vetoed this effort.  Had this legislation passed, doctors would become uninsurable (even more so) in the state of NY.   AP News report - https://apnews.com/article/new-york-kathy-hochul-wrongful-death-veto-841382c4e62618e422a6fd88574eca22

From my perspective as a healthcare Atty representing physicians, including  practice owners, both actions taken by Governor Hochul, in my mind, are positives.