The compliance landscape for healthcare organizations and employers does not stand still — and 2026 brings meaningful changes in two areas that affect a wide range of organizations: non-compete agreement rules and HIPAA privacy and security requirements. Understanding what has shifted, what remains unchanged, and what your organization needs to do in response is essential for maintaining compliance and avoiding the liability that comes from operating under outdated assumptions about the rules that apply.
Mandelbaum Barrett PC’s RODin Blog breaks down the non-compete and HIPAA changes taking effect in 2026. The firm’s labor and employment law and health care law practices advise employers, healthcare organizations, and businesses on the compliance requirements affecting their operations — including developments in restrictive covenant law and healthcare data privacy. This overview reflects the firm’s commitment to helping clients stay ahead of changes that require action, not just awareness.
Non-Compete Law: What Changed and What It Means
The non-compete landscape has been in flux, with federal and state-level activity reshaping what employers can require of their workforce. After years of regulatory back-and-forth at the federal level, the practical state of non-compete law in 2026 requires employers to think carefully about what their existing agreements say, whether those agreements are enforceable under current law in the states where they apply, and what protections they need to put in place through other types of restrictive covenants — confidentiality agreements, non-solicitation provisions, and trade secret protections — where non-competes may be limited or unenforceable.
New Jersey has its own law governing restrictive covenants, and organizations operating in New Jersey need to assess their agreements in light of applicable state standards, independent of whatever happens at the federal level. Agreements that were enforceable under prior law may need to be revised to address changed requirements, and new hire agreements should be reviewed to ensure they reflect current best practices and are structured for enforceability in the current legal environment.
HIPAA Updates: Key Privacy and Security Changes
The Department of Health and Human Services has finalized updates to the HIPAA Privacy Rule, with significant provisions requiring attention from covered entities and their business associates in 2026. The updates strengthen individual rights around accessing and sharing health information, tighten requirements around when protected health information may be disclosed without authorization in certain circumstances, and reinforce reproductive health privacy protections added to the regulatory framework in recent years.
Covered entities need to update their Notice of Privacy Practices, review existing business associate agreements for alignment with the updated requirements, and assess their policies and procedures to identify gaps between current practice and the new rules. Staff training updates are also necessary, as changed rules require that workforce members understand the revised requirements and how they apply in the context of day-to-day operations.
According to the U.S. Department of Health and Human Services, the HIPAA Privacy Rule establishes national standards to protect individuals’ medical records and other individually identifiable health information, and covered entities are required to maintain compliance with updates as they become effective. Enforcement activity has increased in recent years, making timely compliance review a priority rather than a deferred task.
Contact Mandelbaum Barrett PC for Compliance Guidance
If you have questions about non-compete agreement compliance, HIPAA updates, healthcare privacy law, or employment law developments affecting your organization in New Jersey, the attorneys at Mandelbaum Barrett PC can help.
Reach out through our contact page to speak with our team. We are here to help organizations stay ahead of regulatory changes and maintain compliance in an evolving legal environment.