HCAOA to Submit Comments to FTC on Noncompete and Related Agreements

HCAOA will submit formal comments to the Federal Trade Commission (FTC) in response to its 2025 Request for Information (RFI) on noncompete and related employment agreements.
 
In our comment, HCAOA will emphasize that noncompete clauses are rare in the home care industry and that most agencies sometimes rely on limited direct-hire or non-solicitation provisions. These clauses protect client continuity and help agencies recover training and recruitment costs without restricting caregiver mobility.

​HCAOA will urge the FTC to avoid a one-size-fits-all rule and instead recognize the unique structure of home care, where thin margins, high turnover, and complex state laws require flexibility. The comment will also stress that most employment and client agreements are governed effectively by state law, and that the FTC should focus on transparency and targeted enforcement rather than broad prohibitions.
 
HCAOA’s submission will draw on national data showing that noncompete enforcement is virtually nonexistent in home care and that turnover and wage trends are driven primarily by workforce shortages, not restrictive covenants. The comment also cited recent Supreme Court decisions, including Loper Bright v. Raimondo, which reaffirmed limits on agency authority under the Administrative Procedure Act.
 
How to Comment
 
The FTC is accepting public input on this RFI until November 3, 2025. HCAOA encourages members to share their experiences and insights about noncompete and related agreements. Members can submit comments electronically by clicking here.