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Medical Economics Managing Editor Todd Shryock and attorney Emma Schuering, of the Polsinelli law firm discuss non-compete agreements in health care.

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Editor's note: Episode timestamps and transcript produced using AI tools.

Introduction to Non-Compete Agreements (00:00:14)


Introduction to the episode and the guests discussing non-compete agreements in healthcare.


Emma Schuering explains the ongoing uncertainty about non-compete agreements following the FTC's rule and legal challenges.

Elements of Non-Compete Agreements (00:03:19)


Discussion of the typical components of non-compete agreements, including restrictions on employment and geographic limitations.


Emma highlights the strong public policy against restricting physicians from treating patients of their choice.


Overview of how enforceability of non-compete agreements varies by state, including buyout clauses.


Exploration of legal mechanisms that protect practices without limiting physicians' employment opportunities.

Risks of Hiring Physicians with Non-Competes (00:13:25)


Discussion on the potential liability for practices hiring physicians with existing non-compete agreements.


Explanation of the legal complications that arise if a physician is fired due to a non-compete issue.

Enforcement of Non-Solicitation Agreements (00:17:41)


Details on the process and recourse for practices when a former employee violates a non-solicitation agreement.

Implementing Non-Compete Agreements (00:22:44)


Advice for practice owners on assessing the need for non-compete agreements and understanding applicable laws.

The Future of Non-Compete Agreements (00:26:17)


Discussion on the trend of banning non-compete agreements and preparing for a world without them.


Importance of proactive planning for healthcare practices regarding non-compete agreements and future regulations.


Concluding thoughts and gratitude from the host and guest, emphasizing the conversation's significance.


Encouragement to subscribe to the podcast and the Medical Economics newsletter for more insights.

Podcasts

Non-compete agreements in healthcare are under scrutiny due to legal challenges and the FTC's rule, creating uncertainty. These agreements typically include employment and geographic restrictions, but their enforceability varies by state. Public policy often opposes restricting physicians' ability to treat patients. Alternatives to non-competes exist, offering protection without limiting employment. Hiring physicians with existing non-competes poses risks, and termination can lead to legal complications. The trend is moving towards banning non-competes, necessitating proactive planning for future regulations in healthcare practices.

Emma Schuering, JD, of the Polsinelli law firm discusses non-compete agreements in health care.

Ep 44: Noncompete clauses with Emma Schuering, JD

Medical Economics presents the Physician’s Guide to Running for Office. This is a companion piece to the wonderful print feature by Medical Economics Editor Richard Payerchin. This episode has been pulled from the hours of interviews he performed with Physicians serving in government at the local, state, and federal level.

Physician politicians: Why doctors choose to serve -- and how you can too by Richard Payerchin

Name: Jasmeet Bains, M.D.
City, State: Delano, California
Specialty: Family medicine, addiction medicine
Elected Office: Assemblymember, California State Assembly
Medical school: American University of Antigua

Name: Ken Moore, M.D.
City, State: Franklin, Tennessee
Specialty: Orthopedic surgery
Elected Office: Mayor, Franklin Tennessee
Medical school: University of Tennessee College of Medicine

Name: Elizabeth Steiner, M.D.
City, State: Portland, Oregon
Specialty: Family medicine
Elected Office: Senator, Oregon Senate, and running for Oregon state treasurer
Medical school: University of Massachusetts Medical School

Name: Alice Mann, M.D., M.P.H.
City, State: Edina, Minnesota
Specialty: Emergency medicine
Elected Office: Senator, Minnesota Senate
Medical school: Meharry Medical College, Johns Hopkins University

Name: Ami Bera, M.D.
City, State: Sacramento County, California
Specialty: Internal medicine
Elected Office: Congressman, U.S. House of Representatives
Medical school: University of California, Irvine

Name: Michael C. Burgess, M.D.
City, State: Cooke County, Texas
Specialty: Obstetrics/gynecology
Elected Office: Congressman, U.S. House of Representatives
Medical school: University of Texas Medical School

Name: Kim Schrier, M.D.
City, State: Sammamish, Washington
Specialty: Pediatrics
Elected Office: Congresswoman, U.S. House of Representatives
Medical school: University of California, Davis, School of Medicine

Name: Bill Hauter, M.D.
City, State: Morton, Illinois
Specialty: Emergency medicine, anesthesiology
Elected Office: Representative, Illinois House of Representatives
Medical school: Indiana University

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Discussion on the impact of policy decisions made by those without medical experience on healthcare practices.




Dr. Jasmeet Bains shares her hesitations about entering politics and the significant commitment required.



Dr. Ken Moore's Quick Decision (00:02:10)


Dr. Ken Moore explains his spontaneous decision to run for office in Tennessee.



Dr. Elizabeth Steiner's Advocacy (00:02:51)


Dr. Steiner discusses her advocacy work and the realization of the need for a physician's voice in legislation.




Dr. Mann shares her concern for patients and her journey back into politics after initially stepping away.



Dr. Ami Bera's Political Entry (00:06:51)


Dr. Bera describes his motivation to run for office during the Affordable Care Act discussions.



Dr. Michael Burgess's Influential Moment (00:07:31)


Dr. Burgess reflects on how 9/11 influenced his decision to run for office.




Dr. Kim Schrier discusses her discomfort with fundraising and the necessity of it in campaigning.



Campaigning and Community Engagement (00:10:11)


Dr. Steiner emphasizes the importance of community interaction during her campaign.



Negative Campaigning Experiences (00:11:12)


Dr. Bill Hauter recounts facing negative attacks from his own party during the primary election.



Dr. Mann's Insight on Political Messaging (00:14:10)


Dr. Mann shares her experiences with misleading attack ads during her campaign.



Reflections on Losing Elections (00:16:34)


Dr. Bera discusses his initial loss in 2010 and the valuable experiences gained from it.




Dr. Schrier expresses caution regarding election numbers but acknowledges the trust constituents place in her.




Dr. Bera describes the demanding schedule of a U.S. House representative.




Dr. Steiner outlines her busy schedule during legislative sessions and the importance of relationship building.



Full-Time Commitment in Politics (00:22:43)


Dr. Mann explains her view of her legislative role as a full-time job alongside her medical practice.




Dr. Mann discusses how she incorporates her family into her political activities and campaign efforts.



Balancing Politics and Practice (00:24:44)


Dr. Bains shares her experience managing time between being a legislator and medical director.



The Need for Physician Advocacy (00:25:53)


Discussion on the importance of physician voices in state politics despite time constraints.




Physicians must prioritize advocacy while managing their demanding medical careers.



Diversity in Political Perspectives (00:28:51)


Dr. Burgess highlights the lack of uniformity among physician politicians in Congress.




Dr. Schreier emphasizes the importance of physician camaraderie across party lines for effective governance.



Pressure and Freedom in Politics (00:31:05)


Dr. Horton discusses the freedom of being a citizen legislator without career politician pressures.



Advice for Aspiring Legislators (00:33:07)


Dr. Steiner advises on the patience and tenacity required for legislative roles.



Understanding Your Motivations (00:33:26)


Reflecting on the importance of knowing why one wants to run for office.



The Interconnection of Medicine and Politics (00:33:51)


Dr. Mann stresses the necessity for physicians to engage in political processes affecting healthcare.




Host Keith Reynolds concludes the episode, thanking contributors and encouraging political engagement.

Physicians are increasingly entering politics to influence healthcare policy, driven by their firsthand experience with the impact of non-medical policymakers' decisions. The journey into politics involves challenges such as fundraising, negative campaigning, and balancing medical practice with legislative duties. Despite these hurdles, physician politicians emphasize the importance of advocacy, bipartisan collaboration, and the unique perspectives they bring to governance. They encourage aspiring physician legislators to understand their motivations, remain patient, and engage actively in political processes to effect meaningful change in healthcare.

Our guide to getting elected to office and what happens once you get there.

Ep 43: The physician's guide to running for office

Medical Economics Editorial Director Chris Mazzolini and Eve Cunningham, MD, chief of virtual health and digital care at Providence and founder of MedPearl, discuss challenges with patient management and workflow.


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The discussion centers on the challenges in patient management and workflow, emphasizing the growing access issues in healthcare. Dr. Eve Cunningham highlights the complexities faced by primary care physicians, including referral dysfunctions and the overwhelming increase in medical knowledge. MedPearl is introduced as a solution to these challenges, offering features that enhance clinician efficiency and improve referral quality. The conversation also addresses the importance of clinician-centric technology and the need for clinician involvement in developing effective healthcare solutions. Future plans for MedPearl's expansion and implementation are also discussed.

Eve Cunningham, MD, chief of virtual health and digital care at Providence and founder of MedPearl, joins the podcast to discuss challenges with patient management and workflow.

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