Do Doctors Sign Non Compete Agreement
A high degree of caution is recommended when hiring a doctor. States recognize the legal theory of treaty interference. When an employer hires an employee of a hospital subject to an employment contract with a non-compete clause, the potential employer must be very careful when hiring. It is recommended that the employment contract include a representation of the doctor-worker, that it not be subject to any other agreement prohibiting the doctor from entering into the new employment relationship. Alliances that do not compete limit competition, can undermine continuity of care and limit access to care. “A doctor who is satisfied with his role could see that a non-compete agreement would protect the group and its colleagues from leaving the group and harming the group,” Appino said. According to Clark`s analysis, several states, including Massachusetts and Colorado, which allow non-compete bans on employment contracts, will generally not apply them against doctors. It is best to try to negotiate the terms of restrictions before signing a contract. While most employers insist on their own terms, “there`s nothing wrong with having a conversation,” Su said. There are strategies that doctors can adopt before and after signing a contract to avoid competition problems Almeida said that this type of restrictions are particularly painful in academic medicine, because the centers are usually grouped together.
To satisfy the competition bans, “you have to move from Cleveland, either to Columbus, Cincinnati or Toledo, or you have to leave the state,” he said. “If doctors want to move from one practice to another, if they have a good therapeutic relationship with their patients, you would think that public policy wants them to continue to treat those patients who trust them,” said Judy Conti, head of government policy at the National Employment Law Project. But there are important exceptions. Finally, these exceptions could define the rule. Older residents of nursing homes have almost an absolute right to the doctor of their choice, in accordance with government regulations on the authorization of nursing homes.3 A court found that this right was so restrictive that an elderly and frail patient should have the right to have her elected physician on the premises of the nursing home, even if there was a significant dispute over compliance with the standards of the care home.4 The law of the patient the physician of his choice imposed himself against the care home, which wanted to impose its standards.